43As regards a possible requirement ‘to discard’ the consignment at issue, within the meaning of Article 1(1)(a) of Directive 2006/12, it must be noted, firstly, that, a priori, there is no absolute obligation to dispose of that consignment since it is not composed of a prohibited or illegal substance or of specified risk material of which the holder would be required to dispose (see, by analogy, Case C‑176/05 KVZ retec [2007] ECR I‑1721, paragraph 59). As is apparent from the decision for reference, that consignment could be sold on the market, without having been processed, in the condition in which it was when it was returned to Shell.
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