Decision no. 414/2008

In 1938, half of each of the two undeveloped sites belonged to Siegfried K.  The other halves of the properties were part of the estate of his brother Jakob K., who died in 1932 and named his brother as his heir.  By 1938, the inheritance proceedings were still not finalised.  The single and childless Siegfried K. fled abroad.  His fate is unknown.

The parts of the properties belonging to Siegfried K. were confiscated due to discriminating Nazi regulations and his right as heir to the estate of Jakob K. was also laid claim to by the Nazi regime.  As the inheritance proceedings of Jakob K.'s estate ended in 1943 in favour of the German Reich in 1943, these halves of the properties also passed into their ownership.

After the end of the Nazi rule the Republic of Austria initially took over the administration of the removed properties.  By the time the restitution deadline had expired in 1956, no legal successor to Siegfried K. had laid claim to the properties.  Therefore the assets fell to the collection agencies, set up in 1957 for the assertion of so far unclaimed restitution claims.  The profits gained from the agencies were used for the benefit of the victims of National Socialism.  In concrete terms, the transition of ownership took place according to the Receiving Organisations Act Amendment of 1958.  The transfer of property was established by a decision from the Financial Directorate for Vienna, Lower Austria and Burgenland.  In 1966 the collection agencies sold the properties to the City of Vienna.

The present applicant, the widow of a nephew of Siegfried and Jakob K., has now applied for the restitution of the properties.

In their legal judgement, the Arbitration Panel initially affirmed the existence of "earlier proceedings" according to the General Settlement Fund Law, as the collection agencies, which are limited to restitution claims, are effectively the single successor to the owners affected by the National Socialist regime.  As the properties at stake were also effectively transferred to the collection agencies in1959, the restitution claims were completely fulfilled.  As the Arbitration Panel has repeatedly expressed, a further decision on the restitution is denied.