« Arrière
10.062011

Court of Cassation: de facto administrator is not liable anytime

Court of Cassation, with sentence no. 22334/2011, stated that de facto administrator of a company is liable for breach of rules regarding work safety but solely in the circumstances of proof of interference in managing the company. The proof that the interference has occurred afterwards the facts at issue – though it is significant in view of the final decision – does not entail the existence of a de facto administrator as an automatic consequence. Therefore, on the debating matter, the Supreme Court – far from departing from the law and case-law on employer’s liability – excluded the liability of a de facto administrator for lack of proof on the said interference when the circumstances at issue occurred.