INHALT

2014/19/EU: Commission Decision of 19 June 2013 on State aid No SA.30753 (C 34/10) (ex N 140/10) which France is planning to implement for horse racing companies (notified under document C(2013) 3554) Text with EEA relevance

COMMISSION DECISION
of 19 June 2013
on State aid No SA.30753 (C 34/10) (ex N 140/10)
which France is planning to implement for horse racing companies
(notified under document C(2013) 3554)
(Only the French text is authentic)
(Text with EEA relevance)
(2014/19/EU)
1.
PROCEDURE
2.
DESCRIPTION OF THE MEASURE AS IT APPEARED IN THE INITIAL NOTIFICATION
2.1.
Background: opening-up to competition of the gambling sector
2.2.
Objective of the measure as it appeared in the initial notification
2.3.
The horse racing companies' public service mission
Figure 1
Breakdown of the costs of the public service mission (2010 figures)
3.
GROUNDS FOR INITIATING THE FORMAL INVESTIGATION PROCEDURE
4.
TRANSITIONAL MEASURES
5.
COMMENTS BY THE FRENCH AUTHORITIES
5.1.
On the existence of state aid
5.1.1.
Existence of an advantage in favour of the horse racing companies
5.1.2.
Impact on competition and effect on trade
5.2.
Regarding the SGEI status of the horse racing companies' activities
5.3.
Regarding the compatibility of the measure under Article 106(2) TFEU
5.4.
Regarding the compatibility of the measure with the principle of free movement of services
6.
COMMENTS BY INTERESTED PARTIES
6.1.
Comments by interested parties in support of the notified measure
6.1.1.
Importance of the measure for the future of horse racing
6.1.2.
Existence of state aid
6.1.3.
Definition of SGEI
6.1.4.
Compatibility under Article 106(2) TFEU
6.1.5.
Compatibility under Article 107(3)(c) TFEU
6.1.6.
Compatibility of the levy with the principle of freedom to provide services
6.2.
Comments by the interested parties opposed to the notified measure
6.2.1.
Existence of state aid
6.2.2.
Clear error of assessment regarding the new SGEI
6.2.3.
Necessity of the measure
6.2.4.
Level of the parafiscal levy and calculation of the expenditure needing to be financed
6.2.5.
Discrimination based on the origin of horses
6.2.6.
Additional measures
7.
FRANCE'S COMMENTS ON THE COMMENTS BY THE INTERESTED PARTIES
8.
AMENDMENT OF THE NOTIFICATION BY FRANCE
8.1.
Description of the new system
8.2.
Premium races and non-premium races
8.3.
Identification of the common interest costs and calculation of the levy rate
8.3.1.
Identification of the common interest costs
8.3.2.
Incentives
8.3.3.
Organisation costs borne by the horse racing parent companies
8.3.4.
Organisation costs borne by provincial horse racing companies
8.3.5.
Costs of recording and broadcasting racing events
8.3.6.
The fight against doping
8.3.7.
Training and social welfare
8.3.8.
Revenues of the horse racing companies
8.3.9.
Calculation of the maximum rate of the levy
9.
ASSESSMENT OF THE MEASURE
9.1.
Existence of state aid within the meaning of Article 107(1) TFEU
9.1.1.
State resources
9.1.2.
Advantage
9.1.3.
Selectivity
9.1.4.
Distortion of competition and effect on trade
9.2.
Compatibility of the measure with the internal market under Article 107(3)(c) TFEU
9.2.1.
Common interest objective
9.2.2.
Appropriateness of the measure
9.2.3.
The aid is an appropriate instrument
9.2.4.
Incentive effect of the aid
9.2.5.
Proportionality of the aid
9.2.6.
Effect on competition and on trade between Member States
9.2.7.
Compatibility of the levy with the principles of freedom to provide services and non-discrimination
9.2.8.
Discrimination in the allocation of certain premiums
9.2.9.
Discrimination between horse-race betting operators as regards the benefits from the levy
9.2.10.
Discrimination between horse-race betting operators as regards the obligation to pay the levy
10.
CONCLUSION
Article 1
Article 2