Judgment of the General Court (Eighth Chamber) of 7 October 2010 - DHL
   Aviation and DHL Hub Leipzig v Commission

   (Case T-452/08)

   State aid - Air freight - Warranties relating to the operation of DHL's
   new European hub at Leipzig-Halle Airport - Decision declaring the aid
   incompatible with the common market and ordering its recovery

   1.                     Actions for annulment - Natural or legal persons
   - Measures of direct and individual concern to them - Decision of the
   Commission adressed to a Member State and finding State aid
   incompatible with the common market - Action by the beneficiary of the
   aid - Admissibility (see para. 26)

   2.                     State aid - Commission decision finding aid
   incompatible with the common market and ordering its repayment -
   Obligations of the Member States - Obligation of recovery - Scope -
   Restoration of the prior situation (Art. 88(2) EC) (see para. 32)

   3.                     State aid - Concept - Advantage granted to the
   beneficiaries of State aid - State guarantees - Nullity by reason of
   national law of the contractual clauses granting the State guarantee -
   Not relevant to the classification as aid (Art. 87(1) EC) (see paras
   38, 40)

   Re:

   APPLICATION for the partial annulment of Commission Decision
   2008/948/EC of 23 July 2008 on measures by Germany to assist DHL and
   Leipzig-Halle Airport (OJ 2008 L 346, p. 1).

   Operative part

   The Court:

   1.

   Dismisses the action;

   2.

   Orders DHL Aviation SA/NV and DHL Hub Leipzig GmbH to pay the costs.