Karner v. Austria

Karner v. Austria    [  ] KARNER v. AUSTRIA Right to respect for private and family life – admissible Article 8 Prohibition of discrimination – admissible Article 14 Discrimination between homosexual and heterosexual partners as regards transmission of tenancy rights on the death of one of the partners On  September  a Chamber of the European Court of Human Rights unani- mously declared admissible the application in the case of Karner v. Austria . Summary of the facts The applicant, a homosexual, lived with his partner from  in a flat rented by the latter. They shared all expenses pertaining to the flat. In  , the applicant’s partner died, leaving him his estate. In  , the applicant’s landlord instituted proceedings to obtain the termination of the tenancy. His claim was dismissed both at first instance and on appeal. The Supreme Court, however, was favourable to the landlord and terminated the tenancy. The court considered that the legisla- tion which preserved a right to tenancy to unmarried partners in the event of the death of one of the partners should be interpreted as only applying to heterosexual couples. Complaints The applicant complained under Article  in http://www.deepdyve.com/assets/images/DeepDyve-Logo-lg.png Human Rights Case Digest Brill

Karner v. Austria

Human Rights Case Digest, Volume 12 (11-12): 983 – Jan 1, 2001

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Publisher
Brill
Copyright
© 2001 Koninklijke Brill NV, Leiden, The Netherlands
ISSN
0965-934X
eISSN
1571-8131
D.O.I.
10.1163/157181301401747938
Publisher site
See Article on Publisher Site

Abstract

   [  ] KARNER v. AUSTRIA Right to respect for private and family life – admissible Article 8 Prohibition of discrimination – admissible Article 14 Discrimination between homosexual and heterosexual partners as regards transmission of tenancy rights on the death of one of the partners On  September  a Chamber of the European Court of Human Rights unani- mously declared admissible the application in the case of Karner v. Austria . Summary of the facts The applicant, a homosexual, lived with his partner from  in a flat rented by the latter. They shared all expenses pertaining to the flat. In  , the applicant’s partner died, leaving him his estate. In  , the applicant’s landlord instituted proceedings to obtain the termination of the tenancy. His claim was dismissed both at first instance and on appeal. The Supreme Court, however, was favourable to the landlord and terminated the tenancy. The court considered that the legisla- tion which preserved a right to tenancy to unmarried partners in the event of the death of one of the partners should be interpreted as only applying to heterosexual couples. Complaints The applicant complained under Article  in

Journal

Human Rights Case DigestBrill

Published: Jan 1, 2001

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