12In the meantime, judgment was delivered against the French Republic in Case C-232/05 Commission v France [2006] ECR I-10071 for having failed to fulfil its obligations under the fourth paragraph of Article 249 EC and Articles 2 and 3 of Decision 2002/14. The Court held, inter alia, in paragraph 53 of its judgment, that a procedure which provided for the suspensory effect of actions brought against demands for payment issued for the recovery of unlawfully received aid does not fulfil the conditions laid down in Article 14(3) of Regulation No 659/1999 and that, accordingly, the rule providing for such suspensory effect should therefore have been left unapplied.
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