Communicated on 11 May 2020
Published on 8 June 2020
SECOND SECTION
Application no. 2317/20
THE KARIBU FOUNDATION
against Norway
lodged on 27 December 2019
SUBJECT MATTER OF THE CASE
The applicant organisation is a not-for-profit organisation financing international development work. It is the owner of a property which was endowed to the organisation upon the death of one of the organisation’s benefactors. The property has been leased for housing purposes as regulated by the Ground Lease Act (tomtefesteloven).
On 1 November 2004 amendments to the Ground Lease Act came into force. The act gave in general the lessees (festerne) under ground lease agreements the right to an extension of the ground lease period on certain conditions.
Relying on the amendments to the Ground Lease Act, all of the lessees claimed the right to extension of the ground lease period.
On 10 January 2007 Oslo City Court (tingrett), found in favour of the landowner. The lessees appealed against the judgment to the Supreme Court (Høyesterett).
On 21 September 2007 the Supreme Court, in plenary formation, found in favour of the lessees.
Six of the persons party to one of the other similar cases decided at the same time by the Supreme Court applied to the European Court of Human Rights, relying on Article 1 of Protocol No. 1 of the Convention. On 12 June 2012 the European Court of Human Rights found a violation (see Lindheim and Others v. Norway, nos. 13221/08 and 2139/10, 12 June 2012).
As a result of the judgment of the European Court of Human Rights a legislative reform of the relevant sections of the Ground Lease Act was initiated. The amended act came into force on 1 July 2015.
On 3 May 2016 owners of the property now owned by the applicant organisation initiated proceedings before Oslo City Court regarding adjustment of the rent for the ground lease (tomtefesteavgiften), relying on the amended act. On 24 January 2017 the City Court in a judgment found in favour of the lessees. The landowner appealed against the judgment.
On 9 October 2018 Borgarting High Court (lagmannsrett) found in favour of the lessees. The applicant organisation, which had become party to the proceedings, appealed against the judgment.
On 24 June 2019 the Supreme Court found in favour of the lessees.
The applicant organisation relies on Article 1 of Protocol No. 1 of the Convention, and submits that the national courts’ decisions on adjustment of the rent for the ground lease failed to strike a fair balance between the general interest of the community and the applicant organisation’s property rights.
QUESTION TO THE PARTIES
Has there been a violation of the applicant organisation’s rights under Article 1 of Protocol No. 1 of the Convention as a result of the national courts’ decisions on adjustment of the rent for ground lease?
Full & Egal Universal Law Academy