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07/03/2014 PROFILE > Service comptable , Commissaire aux comptes

The auditor may refuse certification without committing an error

In ruling no. 12-29075 of 19/02/2014, the Commercial Chamber at the Court of Cassation dismissed the appeal lodged by a company which had attacked its two auditors for a fault being committed - according to the company - insofar as they refused to certify the accounts as regular, sincere and faithful under the pretext that they doubted the legality of a legal deed concluded and performed by the company during the financial year.

Indeed, after having indicated that the auditors had some doubts as to the legality of a property transaction, which notably deprived one of the companies lodging the appeal from appreciation which would have had an effect on the accounts of the companies in question, the ruling held that these doubts were only raised subsequently after issue of a letter from the lawyer to the Counsel. It is under these grounds that it was decided to dismiss the appeal, judging that the temporary refusal to certify the accounts was not a fault.

Consult ruling no. 12-29075 of 19/02/2014 by the Commercial Chamber at the Court of Cassation