The Polluter Pays Principle: Guidelines for Cost Recovery and Burden Sharing in the Case Law of the European Court of Justice

14 Pages Posted: 15 May 2014

See all articles by Petra E. Lindhout

Petra E. Lindhout

Utrecht University - School of Law

Berthy van den Broek

Utrecht University - Centre for Environmental Law and Policy; Utrecht University - School of Law

Date Written: May 09, 2014

Abstract

Over the years, the polluter pays principle has developed into a strong basis for EU policy making. Many European Directives refer to this principle, for instance as a basis for cost recovery or liability. The European Court of Justice has contributed significantly to the development of the polluter pays principle. Case law of the European Court of Justice on the polluter pays principle provides guidelines for burden sharing and recovery of costs. In this article we will illustrate how these guidelines may be helpful to solve current environmental issues.

We will argue that the guidelines of the polluter pays principle apply to the establishment of coherent programmes of measures, as required under the Air Quality Directive and Water Framework Directive. We will also discuss the influence of the polluter pays principle on the cost recovery for water services under Article 9 of the Water Framework Directive.

Keywords: polluter pays principle, cost recovery, burden sharing, programmatic approach, water services, transboundary pollution, multi-party causation

Suggested Citation

Lindhout, Petra E. and van den Broek, Berthy, The Polluter Pays Principle: Guidelines for Cost Recovery and Burden Sharing in the Case Law of the European Court of Justice (May 09, 2014). Utrecht Law Review, Vol. 10, No. 2, May 2014, Available at SSRN: https://ssrn.com/abstract=2436984

Petra E. Lindhout (Contact Author)

Utrecht University - School of Law ( email )

3508 TC Utrecht
Utrecht
Netherlands

Berthy Van den Broek

Utrecht University - Centre for Environmental Law and Policy ( email )

Domplein 29
Utrecht, 3512
Netherlands

Utrecht University - School of Law ( email )

3508 TC Utrecht
Utrecht
Netherlands

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