KKO 3403/1997
AI generated
Supreme Court dismisses claim that mayor violated duty of care by exceeding authority in administrative act.
Finland (FI)
Legislator summary
AI generatedThe Supreme Court dismissed the complaint alleging the mayor committed a negligent breach of official duty by exceeding his authority. The plaintiff argued the mayor acted improperly, while the defense maintained the act was within the scope of his powers. The court ruled that no negligence occurred because the mayor did not act with the requisite fault in the exercise of his authority.
Legislator headnote
AI generatedRL 40 luku 11 §; The court held that a public official does not commit a negligent breach of official duty merely by exceeding their authority if the act was not performed with the requisite fault.
Keywords
AI generated
negligent breach of official duty
exceeding authority
public official liability
duty of care
administrative act validity
Cited Legislation
AI generatedRL 40 luku 11 §
Related Decisions
AI generatedadmin_1983_central-finland-county__1857
Administrative court dismisses appeal where council member was improperly excluded from hearing their own appeal.
kho-precedent_2016_23
Supreme Administrative Court allows appeal for provider removal from service voucher list under municipal law.
kko-precedent_1998_41
Supreme Court dismisses prosecution for official duty breach where official failed to check property encumbrances.
kho-precedent_1997_117
Supreme Administrative Court dismissed appeal regarding municipal election candidate eligibility under specific disqualification clauses.
admin_1989_vaasa-county__229
Administrative court voids municipal council decision for exceeding authority due to tax avoidance intent.
Full text
Kysymys siitä, oliko kunnanjohtaja ylittäessään toimivaltansa syyllistynyt tuottamukselliseen virkavelvollisuuden rikkomiseen.
RL 40 luku 11 §