Decision no. 416/2008

In 1938, a property in the 11th District belonged 4/6 to Hugo H. and 1/6 to his brother Arthur H. In March 1939, Hugo and his family had to flee to England and from there they emigrated to the USA in April 1940. Arthur H. also fled to England in April 1939.

The parts of the property belonging to Arthur and Hugo H. were confiscated by the German Reich in November 1941 on the basis of discriminating National Socialist regulations.

After the collapse of the National Socialist regime, the parts of the property came to be administrated by the Financial Directorate for Vienna, Lower Austria and Burgenland. This department of the Federation restituted the shares of the property to the original owners, Hugo H. and Arthur H. in April 1948.

In January 1954, Hugo H., Arthur H. and the remaining owners sold the entire property to the City of Vienna.

The current applicant, daughter of Hugo H. and successor of Arthur H., brought forward in her application that the purchase contract concluded with the City of Vienna in 1954 represents an "extreme injustice" due to the initial bad financial situation the sellers were in as a result of the National Socialist persecution.

The Arbitration Panel has already explained in previous decisions (e.g. 415/2008) that they are not able to recommend the renewed restitution of a previously already restituted property. The claim asserted before the Arbitration Panel has already been positively decided in a prior procedure.

For this reason, a recommendation of a restitution of the real estate could not be pronounced.