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The 36-year-old is now three Ballons d'Or clear of rival Cristiano Ronaldo, who won the last of his five trophies in 2017.
Suarez remains the only Spanish-born men's footballer to have won the Ballon d'Or.
The Ballon d'Or winner will be a huge miss for defending champions France if he doesn't recover on time.
Robert Lewandowski picked up the best striker award named after Gerd Muller.
The record seven-time winner is missing out for the first time since 2005.
However, the Versailles court decision is unlikely to affect Benzema's immediate sporting future.
Awarded by France Football magazine, the Ballon d'Or has been given out every year since Stanley Matthews won the first one in 1956. Lionel Messi has won it a record six times one more than longtime rival Cristiano Ronaldo.
The American duo were joined by England defender Lucy Bronze, Dutch forward Vivianne Miedema and Australia's Sam Kerr.
Messi won Spain's Liga title with Barca this year and led Argentina to third place at the Copa America in July.
Juventus forward Cristiano Ronaldo and Barcelona's Lionel Messi, who have won the award 10 times between them, are included, but Messi's former teammate Neymar, who now plays for Paris St Germain, missed out.