Environmental and Resource Costs under Article 9 of the Water Framework Directive : Challenges for the Implementation of the Principle of Cost Recovery for Water Services

Preface -- Inhaltsverzeichnis -- List of Tables and Figures -- List of Abbreviations -- A. Problem Statement -- B. The Term "Environmental and Resource Costs" -- C. The Term "Water Services" -- I. Problem Statement and State of the Debate -- II. Proceedings Before the European Court of Justice in 2014 -- 1. Infringement Proceedings Against Germany -- 2. Water Services: No Definition of Scope by the ECJ -- 3. The ECJ's Goal-oriented Approach -- 4. Commission Invited to Take Renewed Action -- 5. Causa Non Finita: Continuation Foreseeable -- III. Is a Narrow Definition of "Water Services" Necessary to Limit Harm from Cost Recovery? -- 1. Misleading Interpretations of Economic Instruments -- 2. Responsibility for Costs as a Means of Water Conservation -- IV. Interim Conclusion -- D. Position of Environmental and Resource Costs in the Norm Architecture of Article 9 WFD -- I. Definition of the Problem -- II. Legal Interpretations of the Norm Architecture -- III. "Efficient Use of Resources" as a Key Term -- IV. Relevant and Irrelevant Environmental and Resource Costs -- V. Interim Conclusion -- E. Environmental and Resource Costs as a Component of Cost Recovery: Which Costs Are to Be Recovered? -- I. Principle of the Purpose Relatedness of the Costs -- II. The Cost-related Purpose of Article 9 of the WFD -- III. Extent of ERCs - Dependant on Both Water Status and Function of Cost Recovery -- IV. Reference to Water Status as a Recovery Concept: Achievement of Environmental Objectives According to Article 4 WFD as an Abolishment Threshold? -- 1. Overview -- 2. Functionality of ERC Allocation in Case of Achieved Environmental Objectives -- 3. Target-relatedness of Article 9 of the WFD -- V. Interim Conclusion -- F. Concepts for "Taking Account" of ERCs: How Should These Costs Be Recovered?