Property Issue


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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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/materiaalipankki/

AYY applies for permission to appeal the verdict on the property dispute to the Supreme Court

Release
AYY
16 Oct 2015
For immediate release

Aalto University Student Union AYY has decided to apply for permission to appeal the verdict on the property dispute to the Supreme Court. At its meeting 39/2015 on 2 Oct, the Board decided to propose the Representative Council to confirm the Board’s authorisation to apply for permission to appeal and the Representative Council confirmed the authorisation at its meeting on 15 Oct 2015. Executive decision was made in the Board meeting on 16 Oct. Dissenting opinions on the decision were recorded in the minutes of the Representative Council and the Board meeting.

Background:

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 EUR 37.4 million euro 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.

The requirements of the KY Fundation for the reimbursement of their costs in the Court of Appeal were rejected. Thus, both parties will pay their own legal expenses in the Court of Appeal.

The verdict of the Court of Appeal and the statement of a member who disagreed can be found at: /materiaalipankki/

Further information:
President of AYY Board Niko Ferm, niko.ferm@ayy.fi, 050 520 9420
Secretary General Janne Koskenniemi, janne.koskenniemi@ayy.fi, 050 520 9415

facebook.com/omaisuuskiista

Main hearing of the property dispute between AYY and KY Foundation to begin in the Court of Appeal on 13 Apr 2015

Release
AYY
For release on 9 Apr 2015

The main hearing of the property dispute between Aalto University Student Union (AYY) and KY Foundation will begin in Helsinki Court of Appeal on Monday, 13 Apr 2015.

”It is unfortunate that we have to continue to resolve the matter in the courtroom, but as the District Court  stated, there were ambiguities relating to the donations. The Finnish legal system has not resolved similar cases in the past, so it is justified to pursue the matter,” comments President of AYY Board Niko Ferm.

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 KY Foundation on 28 Apr 2014. According to the District Court, 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. The District Court did not, however, share AYY’s view that evidence on ambiguities regarding the donations is sufficient to nullify the donations.

 

Further information:

Helsinki District Court issued a decision on the property dispute between AYY and KY Foundation

Release
AYY
For immediate release

Helsinki District Court issued a decision on the property dispute between AYY and KY Foundation

Helsinki District Court has issued a decision on the property dispute between Aalto University Student Union (AYY) and the Foundation for Economics Students in Helsinki (KY Foundation)  today on 28 Apr 2014.

According to the District Court, 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 established KY Foundation by using an intermediary and there was secrecy related to donations. The District Court, however, stated that there is not enough evidence to nullify the donations.

”We are definitely disappointed with the decision. However, the process was necessary in order to clarify these issues and during this process, we have gained a broad understanding of what took place in the donation decision and its preparations”, says President of AYY Board Lauri Lehtoruusu. ”Now we have to review the judgment carefully and consider what is the best way to build Aalto community on a sustainable basis.”

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.

 

Further information:
President of AYY Board Lauri Lehtoruusu, lauri.lehtoruusu@ayy.fi, 050 520 9420
Secretary General Janne Koskenniemi, janne.koskenniemi@ayy.fi, 050 520 9415

ayy.fi/omaisuuskiista

facebook.com/omaisuuskiista

 

 

Hearing of the property dispute between AYY and KY foundation in the district court ends today

RELEASE, 21 FEB 2014
AYY
For immediate release

The hearing of the property dispute between Aalto University Student Union (AYY) and KY Foundation in Helsinki District Court will end today. On the seven hearing days, an immense amount of written evidence material of the parties were processed and 16 witnesses were heard.

”Over the past two weeks, it has been proved, among other things, that the Student Union of the School of Economics (KY) tried to prevent KY members’ appeals related to the project and KY clearly used the Senior Guild as an intermediary when establishing the foundation”, says Chairperson of AYY Board Lauri Lehtoruusu.

In their closing statements today, both parties will present their own views once again in the light of the processed materials and oral testimonies.

The property dispute has been previously addressed in the Administrative Court. However, the decision on whether the property transfer and its preparation was conducted in accordance with the law and good practices falls within the scope of civil law. ”The past two weeks in the District Court have further confirmed our view that the judicial process is ncessary. There are so many unclear issues related to the preparation of the property transfer”, says Lehtoruusu.

AYY hopes that the property dispute can be finally solved in the District Court and the donated funds would be returned to the use of the current and future members of the student union.

The District Court’s judgment on the property dispute is expected no later than during the summer.

Further information:
Chairperson of AYY Board Lauri Lehtoruusu, lauri.lehtoruusu@ayy.fi, 050 520 9420
Secretary General Janne Koskenniemi, janne.koskenniemi@ayy.fi, 050 520 9415

ayy.fi/omaisuuskiista

Trial in the property dispute between AYY and KY Foundation to begin on 10 Feb

Release
AYY
For release on 6 Feb 2014

The judicial process of the property dispute between Aalto University Student Union (AYY) and KY Foundation will begin at Helsinki District Court on Monday, 10 Feb 2014.

The property dispute 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.

AYY’s evidence shows that the property transfer had been planned secretly from the members of the Student Union of the Helsinki School of Economics already for years before the merger of the student unions.

”It is unfortunate that the issue will have to be resolved in the courtroom. However, there is too much confusion on the property transfer for us to leave it unresolved, says President of AYY Board Lauri Lehtoruusu.

AYY hopes that the property dispute could finally be clarified in the district court and the donated funds would be returned to the use of the present and future members of the Student Union.

Further information:

President of AYY Board Lauri Lehtoruusu, lauri.lehtoruusu@ayy.fi, 050 520 9420
Secretary General Janne Koskenniemi, janne.koskenniemi@ayy.fi, 050 520 9415

ayy.fi/omaisuuskiista