Questão jurídica principal
Whether the company could invoke unpredictability to obtain neighborhood-rights expropriation compensation despite a post-1961 transfer of all shares.
Decisão extraída
For assessing unpredictability, the sale of all shares in a real-estate company is treated economically like a sale of the property itself; since the controlling shares had changed hands after 1 January 1961, unpredictability was excluded.
Fundamentação extraída
The Court held that, although the company and shareholder remain separate legal subjects, the decisive perspective is economic: the person who effectively disposed of the property through the share purchase could foresee the airport nuisances. The company could therefore not rely on the earlier acquisition date of the building when its capital had changed hands after the critical date.