CELEX: 62019CA0950
Language: en
Date: 2021-03-24 00:00:00
Title: Case C-950/19: Judgment of the Court (Fifth Chamber) of 24 March 2021 (request for a preliminary ruling from the Helsingin hallinto-oikeus — Finland) — Proceedings brought by A (Reference for a preliminary ruling — Company law — Directive 2006/43/EC — Statutory audit of annual and consolidated accounts — Article 22a(1)(a) — Recruitment of a statutory auditor by an audited entity — Waiting period — Prohibition on taking up a key management post in the audited entity — Infringement — Gravity and duration of the infringement — Expression ‘taking up a post’ — Scope — Conclusion of an employment contract with the audited entity — Independence of statutory auditors — External appearance)

17.5.2021   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 189/4
            
         
      Judgment of the Court (Fifth Chamber) of 24 March 2021 (request for a preliminary ruling from the Helsingin hallinto-oikeus — Finland) — Proceedings brought by A
      (Case C-950/19) (1)
      
      (Reference for a preliminary ruling - Company law - Directive 2006/43/EC - Statutory audit of annual and consolidated accounts - Article 22a(1)(a) - Recruitment of a statutory auditor by an audited entity - Waiting period - Prohibition on taking up a key management post in the audited entity - Infringement - Gravity and duration of the infringement - Expression ‘taking up a post’ - Scope - Conclusion of an employment contract with the audited entity - Independence of statutory auditors - External appearance)
      (2021/C 189/04)
      Language of the case: Finnish
      
         Referring court
      
      Helsingin hallinto-oikeus
      
         Parties to the main proceedings
      
      A
      
         Intervening party: Patentti- ja rekisterihallituksen tilintarkastuslautakunta
      
         Operative part of the judgment
      
      Article 22a(1)(a) of Directive 2006/43/EC of the European Parliament and of the Council of 17 May 2006 on statutory audits of annual accounts and consolidated accounts, amending Council Directives 78/660/EEC and 83/349/EEC and repealing Council Directive 84/253/EEC, as amended by Directive 2014/56/EU of the European Parliament and of the Council of 16 April 2014 must be interpreted as meaning that a statutory auditor, such as a key audit partner, appointed by an audit firm in the context of a statutory audit engagement, must be regarded as holding a key management position in an audited entity, within the meaning of that provision, as soon as he or she concludes an employment contract with the latter relating to that post, even if he or she has not yet begun to actually perform his or her duties in that post.
      
         (1)  OJ C 77, 9.3.2020.