Decision no. 25a/2006

Application

 

Applicant, Status

Hans Jörg R., Recommendation

Public owner

Stadt Wien

Type of property

immovable

Real estate in

KG Inzersdorf Stadt (01102), Wien, Wien | show on map

Decision

 

Number

25a/2006

Date

18 Apr 2006

Reason

Award of a comparable asset pursuant to Sec. 34 of the GSF Law

Type

substantive

Decision in anonymous form

Entscheidung 25a 2006 (PDF, 25.66 KiB)
English translation: Decision 25a 2006 (PDF, 89.47 KiB)

Related decisions

Decision no. 25/2005
Decision no. WA7/2009

Press release

Press Release Decision No. 25a/2006

Vienna, Inzersdorf

On 18 April 2006 the Arbitration Panel for In Rem Restitution in completion of its decision No. 25/2006 recommended to award the applicant an asset of 1,94 million Euros. In its decision No. 25/2006 the Arbitration panel had already positively decided on the application for restitution regarding a real estate owned by the City of Vienna as to a one–third portion. However, the Arbitration Panel regarded an actual restitution as not practical since a communal building is situated on the concerned property. In such cases the General Settlement Fund Law provides for an awarding of a comparable asset.

In its decision of 15 November 2005, the Arbitration Panel for In Rem Restitution granted the restitution claim to one third of a real estate in Inzersdorf belonging to the City of Vienna. The claimed real estate had to be sold by its Jewish owners during the Nazi period in Austria.

After 1945, the heirs of two thirds of the real estate waived their restitution claims in a settlement. However, restitution procedures concerning the remaining one-third portion of the real estate did not take place. As the real estate had been “aryanized” under Nazi rule, the restitution of the aforesaid one-third portion would have had to be recommended according to the General Settlement Fund Law.

Since at present a communal building is situated on the said real estate, the Arbitration Panel regarded a restitution as not practical and decided to award a comparable asset after consultations with the City of Vienna. Such asset was established through an independent expert’s opinion of the current value of the real estate portion. Based on this expert’s opinion the Arbitration Panel recommended to the Vienna town councillor for fiscal administration to award the applicant 1,94 million Euros.

For use by media; not legally binding upon the Arbitration Panel for In Rem Restitution.
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