39Although Article 14(3) of Regulation No 659/1999 reflects the requirements of the principle of effectiveness (judgment in Scott and Kimberly Clark, C‑210/09, EU:C:2010:294, paragraph 20), it is also apparent that the law of the Member State concerned must, for the purposes of that recovery, be applied in accordance with the principle of the procedural autonomy of that Member State, in the absence of applicable provisions of EU law, while at the same time ensuring that fundamental rights are observed, in particular the right to a fair hearing, including the rights of defence. It follows that EU law does not require the recovery of unlawful aid from the beneficiary by the competent national authority to be effected on the basis of the Commission’s recovery decision alone.
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