AYY’s application for leave to appeal the verdict on the property dispute was dismissed in the Supreme Court

Release
AYY
5 Feb 2016
For immediate release

The Supreme Court (KKO) has dismissed Aalto University Student Union’s (AYY) application for leave to appeal the verdict on the property dispute. Accordingly, the verdict of the Court of Appeal issued in the autumn of 2015 remains unchanged. One of the three justices who addressed the matter filed a dissenting opinion.

Along with the decision, the property dispute has ended and the construction of an interdisciplinary Aalto community will continue.

Background information:

The property dispute between AYY and KY Foundation began in 2010, when the Student Unions of the Helsinki School of Economics, Helsinki University of Technology and the University of Art and Design Helsinki merged into Aalto University Student Union. In connection with the merger, it became clear that the Student Union of the Helsinki School of Economics had transferred over 42 million euro of its property out of reach of the new student union to KY Foundation, which had been established through an intermediary.

Helsinki District Court issued a decision on the property dispute between AYY and the KY Foundation on 28 Apr 2014 and AYY Board decided to appeal the decision to the Court of Appeal at its meeting on 6 June 2014. The Court of Appeal issued its verdict on 4 Sept 2015. The majority decision (2:1) of the Court of Appeal stated that the outcome of the District Court verdict will not be changed. However, the member who disagreed had the view that donations should be made reasonable and the KY Foundation should refund the majority of the transferred assets to AYY.

Similarly to the District Court, the Court of Appeal stated that AYY was in such a position that it had the right to request the donations to be nullified. The District Court also approved AYY’s views on the fact that the decisions of the Administrative Court were not relevant in this case. The decision also showed that KY had established KY Foundation by using an intermediary and the donations were shrouded in secrecy. Thus, only a share of KY’s former property was transferred to AYY. The Court of Appeal considered that the donations were not invalid or unreasonable. In addition, the requirements of the KY Foundation on the reimbursement of their legal costs were rejected. Thus, both parties paid their own legal expenses in the Court of Appeal.

At its meeting on 2 Oct 2015, AYY Board decided to propose the Representative Council to confirm the Board’s authorisation to apply for leave to appeal. At its meeting on 15 Oct 2015, the Representative Council confirmed the authorisation. Dissenting opinions on the decision were filed both in the minutes of the Board and the Representative Council. The Supreme Court (KKO) dismissed the application for leave to appeal.

Further information:
Chair of AYY Board Milja Asikainen, milja.asikainen@ayy.fi, 050 520 9420
Secretary General Janne Koskenniemi, janne.koskenniemi@ayy.fi, 050 520 9415

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