Prüfpflicht

Prüfpflicht, or inspection obligation, is a legal or contractual duty to test, verify, or assess whether a given object, process, or entity complies with applicable rules, standards, or contractual terms. The exact scope and form vary by domain and jurisdiction and can involve tests, inspections, audits, or certifications, often with the obligation to document and report the results.

In corporate law, many businesses are subject to a Prüfpflicht for their annual financial statements. The duty to have financial statements audited by an independent auditor stems from German commercial and corporate law and is intended to ensure accuracy and reliability for stakeholders. The obligation can depend on legal form, size, and other criteria, and may be fulfilled by different types of auditors or audit procedures.

In product safety and conformity, manufacturers and importers perform testing to verify compliance with safety, health, and environmental requirements. Conformity assessment procedures and the ability to prove compliance (for example via CE marking) are commonly part of the Prüfpflicht, with authorities able to request documentation and test results to verify ongoing compliance.

In road transport, a vehicle is subject to periodic Prüfpflicht in the form of roadworthiness inspections and emissions testing at regular intervals. Compliance is required for vehicle operation and registration; failure to meet the standards can lead to penalties or restricted use.

Penalties for not meeting a Prüfpflicht vary by domain and jurisdiction and can include fines, sanctions, civil liability, or loss of license or registration. Some obligations may be fulfilled through internal checks, while others require independent third‑party testing. See also auditing, conformity assessment, CE marking, and Hauptuntersuchung.