CELEX: 62008TJ0452
Language: en
Date: 2010-10-07 00:00:00
Title: Judgment of the General Court (Eighth Chamber) of 7 October 2010.#DHL Aviation and DHL Hub Leipzig GmbH v European Commission.#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.#Case T-452/08.

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.