JAMES AND OTHERS v. THE UNITED KINGDOM JUGDMENT
33
public interest (see paragraphs 47 to 49 above). According to the applicants,
however, that is not sufficient to justify the distinction since the legislation
takes no account of the personal circumstances, and notably the respective
resources and needs, of the landlord and the tenant. This amounts in
substance to the same complaint, albeit seen from another angle, as that
which has been examined under Article 1 of Protocol No. 1 (P1-1). In that
context, the absence of a mechanism for inquiry into the details and
individual merits of each proposed enfranchisement was not judged by the
Court to have the consequence of rendering the operation of the legislation
unacceptable (see paragraph 68 above). The Court sees no cause for arriving
at a different conclusion in relation to Article 14 (art. 14) of the Convention:
having regard to the margin of appreciation, the United Kingdom legislature
did not transgress the principle of proportionality. In the Court’s opinion,
therefore, the contested distinction drawn in the legislation is reasonably
and objectively justified.
77. The second head of complaint must also be examined in the light of
the Court’s finding under Article 1 of Protocol No. 1 (P1-1) that the United
Kingdom Parliament was entitled to consider the scheme embodied in the
leasehold reform legislation as a reasonable and appropriate means for
achieving the legitimate aim pursued. As the Commission pointed out, the
distinctions drawn under the 1967 and 1974 Acts as to the availability of the
right of enfranchisement and as to the levels of compensation (see
paragraphs 21 and 23 above) have an objective basis in the rateable value of
the property. The introduction of the rateable-value limits and the institution
of two levels of compensation reflect Parliament’s desire to exclude from
the benefits of enfranchisement the small percentage of better-off tenants
not considered to be in need of economic protection and to provide more
favourable terms of purchase for the vast majority of tenants, most likely to
suffer hardship under the existing system (see paragraph 19 above). In view
of the legitimate objectives being pursued in the public interest and having
regard to the respondent State’s margin of appreciation, that policy of
different treatment cannot be considered as unreasonable or as imposing a
disproportionate burden on the applicants (see, mutatis mutandis, the
Court’s similar conclusion in the context of Article 1 of Protocol No. 1 (P11), paragraphs 52 and 56 above). The provisions in the legislation entailing
progressively disadvantageous treatment for the landlord the lower the value
of the property must be deemed to have a reasonable and objective
justification and, consequently, are not discriminatory.
C. Conclusion
78. The Court, like the Commission, therefore finds that the facts of the
present case do not disclose any breach of Article 14 of the Convention
taken in conjunction with Article 1 of Protocol No. 1 (art. 14+P1-1).