KKO 1690/2002
AI generated
Supreme Court dismissed appeal; case remanded to lower court for retrial in proper composition.
Finland (FI)
Legislator summary
AI generatedThe Supreme Court of Finland dismissed the appeal against the decision to remand the housing rent dispute to the district court. The lower court had returned the case for retrial because it was not heard by a legally constituted panel. The court upheld this procedural error, ruling that the case must be re-examined by a properly composed tribunal before any substantive decision can be made.
Legislator headnote
AI generatedLain 606/1999 1 luku 10 a luku; The Supreme Court held that a case remanded for retrial due to an improperly constituted court panel must be re-heard by a legally correct composition.
Keywords
AI generated
housing rent dispute
court composition error
procedural remand
Supreme Court appeal
legally constituted panel
Cited Legislation
AI generatedLain 606/1999 1 luku 10 a luku
Related Decisions
AI generatedappeal_1975_helsinki__247
Court dismisses appeal against tenant's rent claim because the original plaintiff lacked standing as the tenant was a company under his control.
kko-precedent_1993_160
Landlord not released from lease obligations by accepting payments from newly registered company after formation.
appeal_1982_helsinki__107
Court dismissed tenant's claim that subletting rent exceeded market value due to short lease term and tenant benefits.
kko-precedent_1993_157
Supreme Court allows appeal against bankruptcy court's failure to rule on creditor's priority claim as a procedural error.
appeal_1975_helsinki__171
Court orders tenant to return property and pay unjust enrichment difference after subletting without landlord consent.
Full text
Kysymys asunto-oikeudessa huoneenvuokra-asiana käsitellyn riita-asian palauttamisesta käräjäoikeuteen lainmukaisessa kokoonpanossa käsiteltäväksi.