Judgment_paragraph 67 · Syndicat français de l'Express international (SFEI) and others v La Poste and others (C-39/94)

67First, the role of a national court seised of an application based on the last sentence of Article 93(3) goes beyond that of a judge ruling on an application for interim relief. The national court is under a duty to provide protection in the final judgment it gives in such a case against the consequences of unlawful implementation of aid. Moreover, its decision cannot be challenged by the Commission. The latter's final decision does not have the effect of regularizing ex post facto the measures unlawfully implementing aid (see FNCE, cited above, paragraph 16).