No duty to sue EU

Staat der Nederlanden v Ten Kate Holding Musselkanaal BV ECJ TLR 8 November

The claimant alleged that it had suffered loss as a result of the failure by the Commission of the European Communities to give an authorisation concerning certain protection measures with regard to bovine spongiform encephalopathy and the feeding of mammalian-derived protein. It sought compensation from the Netherlands Government on the ground that the state had erred in not having brought the proceedings against the Commission under Article 232 of the EC Treaty.