CELEX: 62008TJ0396
Language: en
Date: 2010-07-08
Title: Judgment of the General Court (Eighth Chamber) of 8 July 2010. # Freistaat Sachsen and Land Sachsen-Anhalt v European Commission. # 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 - Obligation to give reasons. # Case T-396/08.

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.