The Impact of Fiscal State Aid Recovery Risks on Share Purchase Agreements

Fiscal State aid risks represent real risks with a significant financial impact on the beneficiaries of the aid. These risks must be taken into account when negotiating a share purchase agreement. In this article, the authors flag the relevant fiscal State aid issues in such negotiations and compare how lawyers in Belgium, Germany, Italy, Luxembourg, the Netherlands, Spain and the United Kingdom should deal with fiscal State aid risks in a share purchase agreement.