Following a meeting of the BHB Board today, BHB Chairman Martin Broughton said:
“Further legal advice considered by the Board today confirms that its existing data contracts remain fully in force. Furthermore, in respect of BHB’s database right, there are substantive grounds for believing that the Court of Appeal will find in BHB’s favour.
“Our legal advice is clear that the ECJ’s interpretation of the law is favourable to BHB. However, the ECJ’s application of that interpretation to the facts relating to the BHB database, as it sees them, is inconsistent with that ruling. BHB will make this case strongly to the Court of Appeal.
“It will be several months before we get the Court of Appeal ruling and there may be further legal processes after that. The Board therefore agreed that Racing’s best interests would be served by seeking the agreement of Government to an appropriate extension of the levy system until a secure and sustainable commercial mechanism is fully established, which has always been a pre-requisite to the abolition of the levy.
“The Board recognises that any such extension would have implications for the timetable for implementation of the Modernisation of British Racing proposals. Whilst continuing to endorse the proposals, the Board will examine those implications together with the appropriate parties.”