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.
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