On 12 February 2008, the European Court of Justice (ECJ) gave a ruling on a preliminary reference from a French court (CELF C-199/06) clarifying the obligations of a Member State to recover unnotified aid in a situation where the European Commission subsequently approves aid. The ECJ confirmed settled case law that aid which is notified after implementation in breach of the "standstill" obligation is not retrospectively regularised by a subsequent finding by the Commission that the aid can be declared compatible with the EU Treaty. Therefore, where a claim is taken to a national court concerning the implementation of the aid before the Commission's decision on legality, the national court is required to rule on the validity of aid and recovery. In that situation, the court has the discretion (taking into account the circumstances of the case) whether to order the recovery of unlawful aid without prejudice to the Member State's right to re-implement it. However, interestingly, the ECJ went on to rule that a national court is obliged to order the beneficiary(ies) to pay interest in respect of the period of unlawfulness.