Friends of Malmi Airport Association has a case (0586/19/2299) pending in Helsinki Administrative Court against the City of Helsinki’s decision to terminate the lease of the runway area.
In connection with the matter, Helsinki District Court has decided on 23 December 2020 to allow the enforcement of the City’s decision to terminate the lease before FoMA’s case has been resolved and before the actual termination decision has become final. Following the decision of the district court, the City of Helsinki has applied for eviction from the execution office.
According to section 143 of the Municipal Act, the enforcement of a decision may not be undertaken if the claim for rectification or appeal becomes moot as a result of the enforcement. The prohibition of enforcement based on the Municipal Act is absolute.
According to section 49 f of the Administrative Procedure Act, an administrative decision may not be implemented until it has become final.
FoMA demands that the Helsinki Administrative Court urgently imposes a prohibition of enforcement on the City of Helsinki until the original decision has become final. Otherwise, FoMA’s pending complaint becomes moot in the sense of section 143 of the Municipal Act.
The original decision of the City of Helsinki is not of a nature that would require immediate implementation. Nor is there a public interest in requiring the decision to be enforced before it becomes final.