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Rodri, a first-time winner of the award, was instrumental in helping his team win an unprecedented fourth successive Premier League trophy last season.
For the first time since 2007, both Messi and Ronaldo are missing from Ballon d'Or nominations.
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.
Ronaldo's nomination comes after the 33-year-old last week denied rape allegations levelled against him by a woman who sued him in court in the United States.
He broke Cristiano Ronaldo's and Lionel Messi's decade-long hold on the prestigious award.
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