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2.12.2006 |
EN |
Official Journal of the European Union |
C 294/15 |
Judgment of the Court (First Chamber) of 5 October 2006 — Commission of the European Communities v French Republic
(Case C-232/05) (1)
(Failure of a Member State to fulfil obligations - State aid - Aid granted to Scott Paper SA/Kimberly-Clark - Obligation of recovery - Non-execution owing to the application of a national procedure - National procedural autonomy - Limits - ‘National procedure allowing immediate and effective execution’ for the purposes of Article 14(3) of Regulation (EC) No 659/1999 - National procedure providing that actions brought against demands for payment issued by national authorities have suspensory effect)
(2006/C 294/25)
Language of the case: French
Parties
Applicant: Commission of the European Communities (represented by: C. Giolito, Agent)
Defendant: French Republic (represented by: G. de Bergues and S. Ramet, Agents)
Re:
Failure of a Member State to fulfil obligations — Failure to execute within the prescribed period Commission Decision 2002/14/EC of 12 July 2000 on the State aid granted by France to Scott Paper SA/Kimberly-Clark (OJ 2002 L 12, p. 1)
Operative part of the judgment
The Court:
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1. |
Declares that, by failing to take within the prescribed period all the measures necessary to recover from the beneficiary the aid referred to in Commission Decision 2002/14/EC of 12 July 2000 on the State aid granted by France to Scott Paper SA/Kimberly-Clark, the French Republic has failed to fulfil its obligations under the fourth paragraph of Article 249 EC and Articles 2 and 3 of that decision; |
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2. |
Orders the French Republic to pay the costs. |