Judgment_paragraph 50 · French Republic v Ladbroke Racing Ltd and Commission of the European Communities (C-83/98 P)

50The judgment in Case T-358/94 Air France v Commission [1996] ECR II-2109, relied on by the appellant, provides very clear confirmation, at paragraph 67, that Article 92(1) of the Treaty covers all the financial means by which the public sector may actually support undertakings, irrespective of whether or not those means are permanent assets of the public sector. Consequently, even though the sums involved in the measure allowing the PMU access to unclaimed winnings are not permanently held by the Treasury, the fact that they constantly remain under public control, and therefore available to the competent national authorities, is sufficient for them to be categorised as State aid and for the measure to fall within Article 92(1) of the Treaty.