Judgment_paragraph 63 · Ladbroke Racing Ltd v Commission of the European Communities (T-67/94)

63The applicant argues that the levies subject to deferred payment are public levies, as the Commission acknowledged, moreover, in part IV, point 5, of the contested decision. According to established case-law, the imposition of such public levies by the State and the disbursement of all, or part, of the proceeds thereof by the State constitutes State aid within the meaning of Article 92(1) of the Treaty. Accordingly, the French State's decision allowing the PMU to defer payment of the share of the levy due to the State is caught by the prohibition in Article 92(1) (Case 78/76 Steinike und Weinlig v Germany [1977] ECR 595, Case 222/82 Apple and Pear Development Council v Lewis [1983] ECR 4083 and Case 290/83 Commission v France [1985] ECR 439).

Ladbroke Racing Ltd v Commission of the European Communities (T-67/94)

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