*This article is an automatic translation of the original article, provided here for your convenience. Read the original article. – ECJ, 5 October 2006, Commission v. France, Case C-232/05. Under the principle of the primacy of Community law, national courts (like the administrative authorities themselves) must leave national rules contrary to Community law unapplied. Thus, the Court has been able to require national courts, in the context of the enforcement of decisions by which the Commission orders a Member State to recover from the beneficiary aid which is incompatible with the common market and has been unlawfully put into effect, to disregard national rules, including constitutional rules which might impede the enforcement of that decision, whether they be rules of company law,
CASE COMMENT: STATE AIDS - COMMISSION DECISION ORDERING A STATE AID RECOVERY - LIMITS OF NATIONAL PROCEDURAL AUTONOMY - IMMEDIATE AND EFFECTIVE EXECUTION - NATIONAL PROCEDURE PROVIDING THAT ACTIONS BROUGHT AGAINST DEMANDS FOR PAYMENT ISSUED BY NATIONAL AUTHORITIES HAVE SUSPENSORY EFFECT
Suspensory effect: The ECJ holds that by providing for the suspensory effect of actions brought against demands for payment issued for the recovery of aid granted, the procedure laid down by French law and applied in the present case cannot be considered to allow the "immediate and effective" execution of the Commission decision (Commission v. France)
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