59The Court has thus held that leftover rock and sand residue from ore-dressing operations in the working of a mine are not classified as waste for the purposes of Directive 75/442 where their holder uses them lawfully for the necessary filling-in of the galleries of that mine and provides sufficient guarantees as to the identification and actual use of those substances (see, to that effect, AvestaPolarit Chrome, paragraph 43). The Court has also ruled that petroleum coke which is produced intentionally or in the course of producing other petroleum fuels in an oil refinery and is certain to be used as fuel to meet the energy needs of the refinery and those of other industries does not constitute waste within the meaning of that directive (order in Case C-235/02 Saetti and Frediani [2004] I-1005, paragraph 47).
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