Decision no. 442/2008

In 1938, the approx. 28 hectare farm on the bank of the Ossiach lake was owned by Theresia W. Due to its size, the farm fell into the scope of the Reich Hereditary Farm Law 1933, which lay down various prerequisites for the takeover of this kind of hereditary farm, summarised under the term "farming capability" (i.e. the capability of a farmer to operate the farm).

After the death of Theresia W. in December 1939, the farming capability of the successor named by Theresia W., Ignanz W., was questioned by the responsible Court for matters relating to the inheritance of farming estates as well as the contemporary mayor of Ossiach and the officials of the Reich Nourishment Board of Food Producers. It was unanimously stated that the reason for this was that the farm was in a wretched condition and Ignanz W., who had run the farm with his mother Theresia W. was responsible for this. He had not been capable of running the farm properly.

Ignanz W. wanted to retain the his mother's farm at all costs, however in the course of the negotiations he was threatened with internment in a concentration camp if he did not waive his right to the farm. Finally, the farm was surrendered to Josef S. by means of an order of the Court for matters relating to the inheritance of farming estates. Josef S. was the preferred "candidate" of neither the local National Socialist officials nor the mayor. In exchange for his waiver, Ignanz W. was assured a right to lifelong support. After the war, the restitution claims of Ignanz W. were rejected. In the 1960s, a country road was built on parts of the farmland, which was owned by the province of Carinthia on the cut off day, 17 January 2001.

The applicant based his application for restitution of the political persecution of Ignanz W. He had been a declared opponent of the National Socialists, was threatened with a concentration camp and for this reason lost the farm.

The Arbitration Panel now had to examine whether Ignanz W. was subject to persecution during the National Socialist regime in the meaning of the General Settlement Fund Law. It could however not be established that Ignanz W. was refused the takeover of the farm for one of these reasons of persecution named in the law. There are also no indications that the Reich Hereditary Farm Law was applied to Ignanz W. with discriminatory intentions. It was also not a matter of the provisions of the Reich Hereditary Farm Law applied in this case being typical discriminatory National Socialist provisions.

As the prerequisite for the application of persecution had to be denied, a recommendation for the restitution of the property could not be pronounced.