9It is necessary, as a preliminary point, to consider a problem raised by the Commission. It takes the view that, since the Court has already recognized the direct effect of the final sentence of Article 93(3) of the Treaty, a clear, binding provision involving public policy, failure to comply with that provision is in itself sufficient to render that aid unlawful. Such illegality, it contends, makes it unnecessary to examine the matter in detail and entitles the Commission to order recovery of the aid. For that reason, the Commission believes that the Court should refuse to entertain the objections raised by the French Government against that part of the contested decision in which the Commission concludes that the aid in question is incompatible with Article 92 of the Treaty.
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