Facts
In November 1978, the Court of Justice of the Canton of Geneva homologated the composition by assignment of assets of Bank Y., a limited partnership. The company in composition liquidation sued X. SA, the auditing body of the bank, for damages representing the loss suffered by the creditors due to the bankruptcy of the bank.
The Federal Tribunal was seized of an appeal for reform by X. SA against the judgment of the Court of Justice that had annulled the judgment of first instance and referred the case for instruction and judgment on the merits.
Considerations
The Federal Tribunal dismissed the appeal to the extent that it was admissible and confirmed the contested judgment. It considered that the creditors of a bank can bring an action in tort against the auditing bodies that have not fulfilled their legal duties, these provisions being intended to protect the creditors.
The Federal Tribunal, however, rejected the possibility for the creditors to…