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(49) the uk authorities have not demonstrated that racing had a legal claim regarding the tote.
(49) the uk authorities have not demonstrated that racing had a legal claim regarding the tote.

(48) however, the commission is of the preliminary view that the uk authorities have not demonstrated any such circumstances.
(48) however, the commission is of the preliminary view that the uk authorities have not demonstrated any such circumstances.

however, the uk government has, in any event, not demonstrated that the aid granted to racing is necessary for the attainment of these objectives and proportionate.
however, the uk government has, in any event, not demonstrated that the aid granted to racing is necessary for the attainment of these objectives and proportionate.

this legitimate interest (i.e. the interest to continue receiving financial flows from the tote) has neither been demonstrated nor quantified.
this legitimate interest (i.e. the interest to continue receiving financial flows from the tote) has neither been demonstrated nor quantified.

the uk government has not demonstrated that only the tote if owned by racing would be a reliable provider of — what the government considers as — adequate pool betting services.
the uk government has not demonstrated that only the tote if owned by racing would be a reliable provider of — what the government considers as — adequate pool betting services.

furthermore, and even assuming that only the tote if owned by racing would guarantee the maintenance of adequate pool betting activities, the uk government has not demonstrated that the envisaged aid would be necessary to compensate the tote/racing for this.
furthermore, and even assuming that only the tote if owned by racing would guarantee the maintenance of adequate pool betting activities, the uk government has not demonstrated that the envisaged aid would be necessary to compensate the tote/racing for this.

it has neither been demonstrated that the smooth transition from a statutory monopoly situation to full competition could not be achieved by requesting racing to pay the full market price, nor has it been demonstrated that the aid resulting from the sales transaction actually leads to a long-term decrease of state support for the racing industry.
it has neither been demonstrated that the smooth transition from a statutory monopoly situation to full competition could not be achieved by requesting racing to pay the full market price, nor has it been demonstrated that the aid resulting from the sales transaction actually leads to a long-term decrease of state support for the racing industry.

(47) there may be circumstances in which a reduction of the sales price could be regarded as not constituting aid, e.g. conceivably where it were demonstrated that the reduction in the sales price merely reflects the recognition of racing's stake (ownership) in the existing tote or where it is demonstrated that the reduction is in fact a compensation for losses suffered by racing due to expropriation or similar action as a consequence of the transfer of the tote to state ownership [19].
(47) there may be circumstances in which a reduction of the sales price could be regarded as not constituting aid, e.g. conceivably where it were demonstrated that the reduction in the sales price merely reflects the recognition of racing's stake (ownership) in the existing tote or where it is demonstrated that the reduction is in fact a compensation for losses suffered by racing due to expropriation or similar action as a consequence of the transfer of the tote to state ownership [19].