Decision no. 206/2006

In 1938, the claimed real estate was owned by the siblings Paul W., Hermine W. and Helene S. In 1938, the W. siblings were considered Jews under the Nuremberg Laws. Paul W. was banned from continuing to teach and from making public appearances as a concert pianist. In 1938, in order to evade further persecution and to be able to continue carrying out his profession, he emigrated via Switzerland to the United States. His two sisters remained in Austria during the entire National Socialist period.

In 1939, due to an agreement with the German Reichsbank, which urged for the delivery of the foreign currency of the family fortune deposited in Switzerland, the W. siblings were adjudged the status of so-called “half-Jews”. In the course of the implementation of this agreement, Paul W. had to sell his properties, among them a one-third portion of the real estate in question, to his sisters. The purchase price was partially used for the payment of the Reich flight tax for Paul W., which amounted to 1,6 million Reichsmark.

After 1945, Paul W. did not initiate a restitution procedure. Also no other compensation for the sold real estate portions could be ascertained by the Arbitration Panel.

The Arbitration Panel examined whether the sale of the properties to the sisters was performed on account of Paul W.s descent and in connection to the National Socialist persecution of the joint owners. The Arbitration Panel established that Paul W.s real estate portions belonging to the land register of Neuwaldegg, were sold to his sisters Helene S. and Hermine W. in connection with his flight and in connection with the agreement made with the Reichsbank.

Since a prior procedure regarding the property shares of Paul W. could not be established, the Arbitration Panel approved the claim of Paul W.s heirs and recommended a restitution of the said one-third portion of the real estate.