Judgment of the Court (Sixth Chamber) of 21 July 2011 - Freistaat
   Sachsen and Land Sachsen-Anhalt v Commission

   (Case C-459/10 P)

   Appeal - State aid - Aid for a training project concerning certain jobs
   in the new DHL centre at Leipzig-Halle airport - Action for annulment
   against the decision declaring part of the aid incompatible with the
   common market - Examination of the need for the aid - Failure to take
   into account the incentive effects of the aid and its positive external
   effects on the choice of the site

   1.                     State aid - Prohibition - Derogations -
   Categories of aid, defined by legislation, that may be regarded as
   compatible with the internal market - Regulation No 68/2001 on training
   aid - Criteria for assessment - Individual examination of training aid
   ineligible for the exemption from notification - Taking into account
   the criterion of the necessity of the aid - Whether permissible (Art.
   107(3)(c) TFEU; Commission Regulation No 68/2001, Art. 5) (see paras
   30-31, 33)

   2.                     State aid - Prohibition - Derogations - Aid
   eligible for the derogation laid down in Article 107(3)(c) TFEU -
   Operating aid - Excluded - Training aides - Criterion of the necessity
   of the aid - Positive effects for certain economic areas or sectors -
   Irrelevant (Art. 107(3)(c) TFEU) (see paras 34-36, 61)

   3.                     State aid - Prohibition - Derogations - Aid that
   may be regarded as compatible with the internal market - Assessment in
   the light of Article 107(3)(c) TFEU - Taking into account previous
   practice - Excluded - No breach of the principle of equal treatment
   (Art. 107(3)(c) TFEU) (see paras 38, 50)

   4.                     State aid - Examination by the Commission -
   Training aid - Incentive effect of the aid on the choice of the site
   where an undertaking is to be installed - Irrelevant (Art. 107(3)(c)
   TFEU) (see para. 42)

   5.                     State aid - Examination by the Commission -
   Elements to be taken into consideration - Taking account of factors
   linked to the recipient's practice or business strategy - Whether
   permissible (Arts 107(3) TFEU and 108(2) and (3) TFEU) (see paras
   48-49)

   6.                     State aid - Prohibition - Derogations - Aid
   eligible for the derogation laid down in Article 107(3)(c) TFEU -
   Conditions - Training aid - Criterion of the necessity of the aid -
   Taking account of the existence of national legislation requiring staff
   to be trained - Whether permissible (Art. 107(3)(c) TFEU) (see para.
   56)

   Re:

   Appeal brought against the judgment of the General Court (Eighth
   Chamber) of 8 July 2010 in Case T-396/08 Freistaat Sachsen and Land
   Sachsen-Anhalt v Commission , by which that court dismissed the action
   seeking partial annulment of Decision 2008/878/EC of 2 July 2008
   regarding the State aid which Germany intends to grant to DHL (OJ 2008
   L 312, p. 31) - Aid for training - Decision declaring part of the aid
   incompatible with the common market - Incorrect examination of the
   necessity of the aid - Disregard of the positive external effects of
   the aid and of its incentive effects on the choice of the site.

   Operative part

   The Court:

   1.

   Dismisses the appeal;

   2.

   Orders Freistaat Sachsen and Land Sachsen-Anhalt to pay the costs.