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Warranty/indemnity clauses in Sales and Purchase Agreements: State aid per se or invalid?

Eliza Petritsi


I. Introduction This article identifies certain questions that arguably still remain open despite the Commission’s 50-years of State aid practice. In particular, this paper examines the validity of warranty clauses for the protection of the purchaser during the transfer of undertakings (for example most often during privatisations) from a State aid definition and recovery perspective. On the one hand the article identifies those circumstances under wh


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