CJEU, 6th chamber, July 21, 2011, No C-459/10 P

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

(Case C-459/10 P) (1)

(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)

2011/C 269/28

Language of the case: German

Parties

Appellants: Freistaat Sachsen, Land Sachsen-Anhalt (represented by: A. Rosenfeld, Rechtsanwalt)

Other party to the proceedings: European Commission (represented by: B. Martenczuk, agent)

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 the General 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 need for the aid — Disregard of the positive external effects of the aid and of its incentive effects on the choice of the site

Operative part of the judgment

The Court:

(1)  OJ C 317, 20.11.2010.