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Exclusion of the Auditor's fee if the transaction is detrimental to the Company

Publication date
03/2024
Language
Italian

In its judgment No. 4168 of 15 February 2024, the Corte di Cassazione held that the unlawful conduct of the auditing body that, in a merger transaction that resulted in a significant loss for the acquiring company, failed to verify the financial and economic situation of the company to be merged, including by requesting documentation, appears to be justified by the plea of non-performance and to block the professional's right to remuneration.

Alessandro Botti
Antonio Martini
Ilaria Canepa