Court of Justice 17 February 2005, C-511/03 (Staat der Nederlanden (Ministerie van Landbouw, Natuurbeheer en Visserij) v Ten Kate Holding Musselkanaal BV and Others.)

Opinion of the Advocate-General Opinion of the Advocate-General I – Introductory remarks 1. The present reference for a preliminary ruling, which concerns the BSE problem, essentially revolves around the question whether a Member State must bring proceedings against the Commission where the latter has failed to grant an authorisation requested by that Member State.