To our knowledge, this is the first time in France that a civil liability action has been brought directly against the auditors of a listed company. Until now, statutory auditors have only been subject to administrative sanctions by regulators.

The plaintiffs, who are expected to join a larger group of investors soon (other initiatives have been in the works in recent months), are seeking compensation for losses incurred as a result of alleged failures in the certification of Atos' accounts. Although this procedure remains independent of any AMF investigation, its initiators nevertheless hope that it will be well received by the regulator, in a climate marked by the failures of the Casino case.

Beyond the Atos SE case, this action could open up a new legal loophole by establishing direct liability for players in the financial chain. If successful, it would set a precedent and could encourage other shareholders to take action.

Filed with the Nanterre Commercial Court, the lawsuit targets Deloitte & Associés and Grant Thornton, Atos' auditors, for alleged misconduct and negligence in the performance of their duties. It concerns investors who purchased Atos shares between February 21, 2018, and March 25, 2024, whether they have kept them or sold them since. However, employees who invested through the FCPE cannot join the proceedings and must go through the fund management company.