Suspension-Effectiveness: The ECJ holds that the rule granting suspensive effect to the action challenging the order aimed at recuperating an aid renders State aid control ineffective and must be set aside (Commission v. France)

*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. The action for failure to fulfil obligations brought by the Commission against France for failure to comply with the decision finding that that Member State had granted to the American company Scott Paper ('Scott') aid incompatible with the common market (Commission Decision 2002/14/EC of 12 July 2002) (OJ 2002 L 257, p. 1). 2000, OJEC 2002 No L. 12, p. 1), allows the Court of Justice of the European Communities to examine, for the second time in one month (see commentary on the Boiron judgment above), the application of the principle of effectiveness in the context of national State aid