Equality in tenancy succession

In Austria, the 1974 Rent Act gave a right of succession, on the death of a tenant, to a "spouse or life companion". Mr Karner lived in his partner's rented flat in a gay relationship that began in 1989. When Karner's partner died in 1994, Karner tried to take over his tenancy. But the Austrian Supreme Court decided that back in 1974, when the law was passed, it would not have been intended that gay partners could be "life companions" and so rejected his claim.

Mr Karner complained to the European Court of Human Rights that this amounted to discrimination on grounds of sexual orientation in breach of his rights under the European Convention (articles 8 and 14).

The UK campaigning groups Liberty and Stonewall asked the court to uphold Mr Karner's claim The Austrian government claimed that it was important for its laws to favour traditional family structures.

The European Court of Human Rights decided that the 1974 Rent Act did contain unjustified and unlawful discrimination against gay partners and that Karner should have been allowed to take over the flat.

Sadly, though, he had died before this judgment was given.