116Regarding the applicant’s argument that no circumvention can be alleged as the possibility of a transfer of Sernam’s assets en bloc was provided for by the Sernam 2 Decision, suffice it to bear in mind that it is apparent, inter alia, from paragraphs 54 to 58 and 109 to 111 of the present judgment that that transfer was not limited to only Sernam’s assets and that it was not carried out at market price. Consequently, the requirements provided for in Article 3(2) of the Sernam 2 Decision were not complied with.
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