The Supreme Court

“ How eventual litigation challenging a subsidy-stop will end is uncertain, among other reasons because there is no case law in the area. No school has brought itself into the same situation.
I cannot administratively stop the Tvind Corpate Group without violating current legislation, and that is the background for that I with the introduced law-proposal first and foremost ask the Folketing to decide whether School Corporate Groups are an acceptable for of organisation for free schools with large public subsidies accordingly. ”

“ Wikimedia Sweden is a non-profit association which among other things maintains a website and a database containing pictures of art works placed on public places outdoors. The database is freely available for the general public at no cost. It is also the general public which supplies the database with the pictures by uploading their photographs to it. The purpose is to maintain a public database of public art work in Sweden which can be used a among others the general public, the education system and the tourist industry. ”

“ All that is something the Tvind School Corporate Group has forced me to introduce, but it is not enough, and because of that I have not accepted that the Tvind schools in fact themselves dissolve the Corporate Group. It is difficult to place trust in the schools once again. ”

“ Transmission to the public involves the work through wired or wireless channels being made available to the public from a place other than where the public can take partake in the work. This it also includes transmission which happens in such a way that private persons can get access to the work from a place and at a time that they choose themselves. ”

“ If according to the minister of education's discretion there isn't satisfying security for that a school fulfils the requirements on independence and administration of the funds, the minister can decide that there should not be given subsidies to the school. By the special provision in § 7 in law nr. 506 The Free School in Veddinge Bakke and some other specifically named schools associated with The School Cooperative Tvind were completely barred from receiving public subsidies after the 31th of December 1996. ”

“ The provision is based on the public interest in being able to freely reproduce city- or landscape views without hindrance of rights to art works which are part of it. In the preparatory works to the copyright law the provision is described as an exception to the artists exclusive right to duplicate the art work. With the term depiction meaning that the art work may be reproduced through painting, drawing, photography or other technique by which the art work is reproduced in the plane (two-dimensionally) .
15. Depiction is allowed even when an art work constitutes the main subject, e.g. ”

“ Free schools, apart from Tvind, establish and expand themselves primary on the basis of their own and legal provisioning of an economic basis, whereas the expansion in the Tvind Corperate Group is based on Fælleseje purchasing and distributing real estate, financing house purchases with other schools' rent, centrally managed recruitment and distribution of the sufficient number of pupils as well as systemic breaches of the subsidy-regulations. ”

“ The subsidy-system, for the free basic schools, private gymnasiums and HF-courses, is highly dependent on the schools chosen financial auditors to perform an extensive audit of the foundation for subsidy calculation and the schools annual accounts. ”

“ The Majority is aware of that the effect of the chosen method of legislation will be that there, as far as concerning this part of the law-proposal, shall not be taken administrative decisions on the subsidies to the schools, with the possibility of following judicial review. ”

“ It ought therefore to be secured that the financial auditors won't come in an conflict of interests where the auditor has to sees to whether the school as well as then , administrates it's interests best possible.
...
In the resort of the Minister of Education there is multiple forms of self-owning institutions, that all normally receive large stately operation-subsidies, and the minister of education's authorisation to withhold funding, let funding cease and callback funding, should be identical and ought besides to be clarified. ”

“ There will be set requirements for how an educational institution shall act, and the minister get authority to callback the approval and the subsidy, if the requirements are not met with reasonable assurance. ”

“ The referred questions shall accordingly be answered with this.
24. The question of compensation for costs in the Supreme court shall be tried by the district court in connection with the case after it's resumption. ”

“ Schools with boarding-departments, that have not received subsidies in 1996, and schools that have not received subsidies to boarding-departments in 1996, must own the schools buildings, or the greater part thereof, and may not own buildings together with others. ”