Judgment of the General Court (Eighth Chamber) of 8 July 2010 – Freistaat Sachsen and Land Sachsen‑Anhalt v Commission

(Case T-396/08)

State aid – Training aid – Decision declaring the aid to be in part compatible and in part incompatible with the common market – Need for the aid – Positive external effects – Duty to state reasons

1.                     State aid – Prohibition – Exceptions – Aid categories, set out in legislation, which can be regarded as compatible with the common market – Regulation No 68/2001 on training aid (Art. 87(3) EC; Commission Regulation No 68/2001, Art. 5) (see paras 36-39, 42-45)

2.                     State aid – Prohibition – Exceptions – Aid benefiting from the derogation provided under Article 87(3)(c) EC – Operating aid – Not included (Art. 87(3)(c) EC) (see paras 46-48, 51-52)

3.                     Acts of the institutions – Regulations – Uniform interpretation of EU Law – Interpretation and application in the light of the versions in the various official languages (see para. 53)

4.                     State aid – Prohibition – Exceptions – Aid which may be considered compatible with the common market – Assessment in the light of Article 87 EC (Art. 87(3)(c) EC) (see para. 54)

5.                     State aid – Examination by the Commission – Training aid – Assessment of the need for the aid (Arts 87(3) EC and 88(2) and (3) EC) (see paras 78, 80, 88)

6.                     State aid – Examination by the Commission – No observations by the persons concerned – Not relevant to the validity of the Commission decision (Art. 88(2) EC) (see para. 97)

7.                     State aid – Examination by the Commission – Factors to be taken into consideration (Arts 87(3) EC and 88(2) and (3) EC) (see paras 107-108)

8.                     State aid – Prohibition – Exceptions – Aid benefiting from the derogation provided under Article 87(3)(c) EC – Conditions – Training aid – Criterion that the aid be necessary (Art. 87(3)(c) EC) (see para. 117)

9.                     State aid – Prohibition – Exceptions – Aid benefiting from the derogation provided under Article 87(3)(c) EC – Conditions – Training aid – Criterion that the aid be necessary (Art. 87(3)(c) EC) (see paras 130-131, 133)

10.                     Acts of the institutions – Statement of reasons – Obligation – Scope – Commission decision on State aid (Arts 87(3) EC and 253 EC) (see paras 143-144)

Re:

APPLICATION for the partial annulment of Commission Decision 2008/878/EC of 2 July 2008 on State aid which Germany is planning to implement for DHL (OJ 2008 L 312, p. 31).

Operative part

The Court:

1.

Dismisses the action;

2.

Orders Freistaat Sachsen and Land Sachsen-Anhalt to bear their own costs and to pay the costs incurred by the European Commission.