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.