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C 94/18 EN Official Journal of the European Communities 28.3.

98

COURT OF FIRST INSTANCE

JUDGMENT OF THE COURT OF FIRST INSTANCE JUDGMENT OF THE COURT OF FIRST INSTANCE

of 4 February 1998 of 27 January 1998

in Case T-246/93: Günther Bühring v. Council of the in Case T-67/94: Ladbroke Racing Ltd v. Commission of
European Union and Commission of the European the European Communities (1)
Communities (1)
(Action for annulment Ð State aid Ð Market in bet-
(Action for damages Ð Non-contractual liability Ð Milk taking Ð Article 92(1) and (3) of the EC Treaty Ð
Ð Additional levy Ð Reference quantity Ð Conversion Definition of aid Ð Tax measures Ð Obligation to
undertaking Ð Forced sale of holding Ð Damage Ð refund)
Causal link Ð Limitation period)
(98/C 94/48)
(98/C 94/47)

(Language of the case: English)


(Language of the case: German)

In Case T-67/94: Ladbroke Racing Ltd, established in


In Case T-246/93: Günther Bühring, residing at Elsfleth London, represented by Jeremy Lever QC, Christopher
(Germany), represented by Hagen Lichtenberg, Bergius- Vajda, of the Bar of England and Wales, and Stephen Kon,
straûe 11, Bremen (Germany) v. Council of the European Solicitor, with an address for service in Luxembourg at the
Union (Agents: Arthur Brautigam, Hans-Jürgen Rabe and Chambers of Winandy & Err, 60 Avenue Gaston Diderich,
Georg M. Berrisch) and Commission of the European against Commission of the European Communities
Communities (Agents: Dierk Booû, Hans-Jürgen Rabe and (Agents: Michel Nolin and Richard Lyal), supported by
Georg M. Berrisch) Ð application pursuant to Article 178 French Republic (Agents: Catherine de Salins and Jean-
and the second paragraph of Article 215 of the EC Treaty Marc Belorgey) Ð application principally for annulment
for compensation for the losses sustained by the applicant of Commission Decision 93/625/EEC of 22 September
as a result of the application of Council Regulation (EEC) 1993 concerning aid granted by the French authorities to
No 857/84 of 31 March 1984 adopting general rules for the Pari Mutuel Urbain (PMU) and to the racecourse
the application of the levy referred to in Article 5c of undertakings (OJ L 300, 7.12.1993, p. 15) Ð the Court of
Regulation (EEC) No 804/68 in the milk and milk First Instance (Second Chamber, Extended Composition),
products sector (OJ L 90, 1.4.1984, p. 13), as composed of: C. W. Bellamy, President, B. Vesterdorf, C. P.
supplemented by Commission Regulation (EEC) No 1371/ BrieÈt, A. Kalogeropoulos and A. Potocki, Judges; B.
84 of 16 May 1984 (OJ L 132, 18.5.1984, p. 11) Ð the Pastor, Principal Administrator, for the Registrar, has given
Court (First Chamber), composed of: A. Saggio, President, a judgment on 27 January 1998, in which it:
V. Tiili and R. M. Moura Ramos, Judges; A. Mair,
Administrator, has given a judgment on 4 February 1998
in which it:

1. annuls Commission Decision 93/625/EEC of


22 September 1993 concerning aid granted by the
French authorities to the Pari Mutuel Urbain (PMU)
1. dismisses the application;
and to the racecourse undertakings in so far as it
found that various advantages granted to the PMU,
through (a) the amendment in 1985 and 1986 of the
allocation of the levies, (b) cash-flow benefits granted
to it by the authorisation to defer payment of certain
2. orders the applicant to pay the costs. levies on betting, (c) access to unclaimed winnings,
and (d) exemption from the one-month delay rule for
the deduction of value added tax, after 1 January
(1) OJ C 166, 17.6.1993. 1989, do not constitute State aid for the purposes of
Article 92(1) of the EC Treaty, and also in so far as it
decided that the obligation on the French State to
require repayment of the aid deriving from the PMU's
exemption from the housing levy applies not as from
1989, but as from 11 January 1991;