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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
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)
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)
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).
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.