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DHL Leipzig-Halle  ∙ Case T-452/08 ∙ Annotation by Daniel Harrison journal article

Developments since the Judgment of the General Court in DHL Leipzig-Halle

Daniel Harrison

European State Aid Law Quarterly, Volume 16 (2017), Issue 3, Page 487 - 494

As the case of DHL-Leipzig Halle demonstrated, the possibility that contractual measures implementing an unlawful aid measure are invalid and unenforceable can give rise to a curious paradox: where the State assumes a contingent liability that has not yet crystallised, unenforceability of the contractual "advantage" may mean that unlawful aid is, like Schrödinger's cat, both present and absent at the same time. This article looks at the two cases since DHL Leipzig-Halle that have cited the judgment, before considering other areas in which contractual unenforceability of State aid measures can impose adverse – and often unfair – consequences on parties that have received no advantage or benefit from the aid measure in question: State guarantees and warranties and indemnities given to buyers of privatised businesses. Keywords: Unlawful Aid; State Guarantee; Borrower's Liabilities; Warranties and Indemnities; Privatisation; DHL Leipzig-Halle; Aer Lingus.


The Judgment of the General Court in the DHL Leipzig-Halle Airport Case T-452/08 journal article

Daniel Harrison

European State Aid Law Quarterly, Volume 10 (2011), Issue 1, Page 169 - 175

I. Introduction Where national law provides that unlawfully implemented aid measures are void, ab initio, might this, in certain circumstances, prevent the beneficiary of the measure from receiving any economic advantage that could subsequently become the subject of a recovery order imposed by the European Commission (the “Commission”)? That was the substantive question asked of the General Court in the appeal by DHL Aviation SA/NV and DHL Hub Le

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