CELEX: C2006/294/25
Language: en
Date: 2006-12-02 00:00:00
Title: Case C-232/05: Judgment of the Court (First Chamber) of 5 October 2006 — Commission of the European Communities v French Republic (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)

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:
   
               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;
            
         
               2.
            
            
               Orders the French Republic to pay the costs.
            
         
      (1)  OJ C 171, 9.07.2005.