Decision no. 89a/2006

In its decision No. 89/2006 the Arbitration Panel had already positively decided on the application for restitution of a one-half portion of a real estate situated in Vienna/Neubau which is owned by the City of Vienna. However, the Arbitration Panel regarded an actual restitution as not practical since a building with municipal apartments 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 20 March 2006, the Arbitration Panel for In Rem Restitution granted the restitution claim to one half of a real estate in Vienna/Neubau belonging to the City of Vienna. The Jewish owners had to sell the real estate due to the assumption of power by the Nazi Regime. After 1945, in a settlement the two heirs of the one-half portion of the real estate waived their claims to restitution in exchange for 20.000 ATS. As the real estate had been taken away from its owners under Nazi rule and as the settlement was classified as being “extremely unjust”, the restitution of the real estate would have had to be recommended according to the General Settlement Fund Law. Since at present a building with municipal apartments is situated on the concerned property, the Arbitration Panel regarded an actual 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 1,6 million Euros.