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.