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)
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).
The Court:
1.Dismisses the action;
2.Orders DHL Aviation SA/NV and DHL Hub Leipzig GmbH to pay the costs.