Information Note on the Court’s case-law 34

September 2001

Karner v. Austria (dec.) - 40016/98

Decision 11.9.2001 [Section III]

Article 14

Discrimination

Discrimination between homosexual and heterosexual partners as regards transmission of tenancy rights on the death of one of the partners: admissible

The applicant, a homosexual, lived with his partner from 1989 in a flat rented by the latter. They shared all expenses pertaining to the flat. In 1994, the applicant’s partner died, leaving him his estate. In 1995, the applicant’s landlord instituted proceedings to obtain the termination of the tenancy. His claim was dismissed both at first instance and on app eal. The Supreme Court, however, was favourable to the landlord and terminated the tenancy. The court considered that the legislation which preserved a right to tenancy to unmarried partners in the event of the death of one of the partners should be interp reted as only applying to heterosexual couples.

Admissible under Article 14 combined with Article 8.

© Council of Europe/European Court of Human Rights This summary by the Registry does not bind the Court.

Click here for the Case-Law Information Notes