92/35/EEC: Commission Decision of 11 June 1991 requiring France to suspend the implementation of the aid described below in favour of the Pari Mutuel Urbain (PMU), introduced in breach of Article 93 (3) of the EEC Treaty (Only the French text is authentic)

• Articles: 4

Article 1

France shall suspend forthwith the payment of the following aid:

- treasury facilities enabling the PMU to defer on a temporary basis the payment of taxes levied on the horseracing bets administered by the PMU,

- exemption from the one-month delay rule for VAT payment,

- exemption from the payment of the social housing levy in respect of the PMU's employees,

introduced in breach of Article 93 (3), and shall communicate to the Commission, within 15 days, the measures which it has taken to comply with this Decision.

Article 2

France shall, within 30 days of notification of this Decision, provide all appropriate information allowing substantive assessment of the aid referred to in Article 1.

Article 3

This Decision is addressed to the French Republic. Done at Brussels, 11 June 1991. For the Commission

Leon BRITTAN

Vice-President

(1) [1985] ECR, p. 809. (2) [1990] ECR I, p. 959. (3) [1980] ECR, p. 267. (4) [1990] ECR I, p. 307. (5) See Judgments in Case 77/72 Capolongo [1973] ECR, p. 611, Case 120/73 Lorenz [1973] ECR 1471 and Case 78/76 Steinicke [1977] ECR, p. 595. (6) See Judgments in Case 166/77 Simmenthal [1978] ECR, p. 629 and Case 103/88 Costanzo [1989] ECR, p. 1839. (7) See Judgments in Case 70/72 Kohlegesetz [1973] ECR, p. 813 and Case 310/85 Deufil [1987] ECR, p. 901. See also Commission communication, OJ No C 318, 24. 11. 1983, p. 3. (8) See Judgment in Case C-142/87 Tubemeuse cited above.

Article 92

(1) and cannot at this stage qualify for the exemptions provided for in Article 92 (2) and (3).

The Commission would point out that, should a negative final decision be taken subsequently on the aid, the Commission may require any unlawful aid that has been paid in breach of the procedural rules provided for in Article 93 (3) to be repaid (2). The abolition of the aid would involve repayment, in accordance with the procedures and provisions of French law, in particular those relating to interest on arrears on debts due to the State, with interest starting to run on the date on which the unlawful aid was granted. This measure is necessary in order to restore the status quo (3) by removing the financial benefits which the firms receiving the unlawful aid have improperly enjoyed since the date on which the aid was paid.

(13) By letter dated 24 April 1991, the Commission requested France to confirm that the three ongoing aid measures had been suspended in accordance with the obligation imposed pursuant to Article 93 (2) of the EEC Treaty and to confirm their position within five working days. By fax dated 30 April 1991, the French authorities informed the Commission that they had not suspended the grant of the aid,

HAS ADOPTED THIS DECISION: