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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.

ECLI:EU:T:2010:427

62008TJ0452

October 7, 2010

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(Case T-452/08)

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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