(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

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)

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.