Decision no. 481a/2009

Application

 

Applicant, Status

Vera S., Recommendation

Public owner

Stadt Wien

Type of property

immovable

Real estate in

KG Donaufeld (01603), Wien, Wien | show on map

Decision

 

Number

481a/2009

Date

03 Mar 2009

Reason

Award of a comparable asset pursuant to Sec. 34 of the GSF Law

Type

substantive

Decision in anonymous form

Related decisions

Press release

Press Release Decision No. 481a re 481/2008

Vienna, Donaufeld
On 3 March 2009, in supplementation to its decision no. 418/2009, the Arbitration Panel for In Rem Restitution recommended that an asset of 106,000 Euro be awarded to the applicant. In decision 481/2008 the application for restitution of a property owned by the City of Vienna located in Vienna, Donaufeld was granted. As this property parcel is presently located on a public traffic thoroughfare the Arbitration Panel did not consider an in rem restitution practicable. In such cases the Entschädigungsfondsgesetz (“General Settlement Fund Law – GSF Law”) provides for a comparable asset to be awarded.
In its decision no. 481/2008 of 8 September 2008, the Arbitration Panel for In Rem Restitution granted the restitution claim to a property belonging to the City of Vienna in Donaustadt. The property had had to be sold by its Jewish owners in the course of the National Socialist assumption of power and was never the object of restitution proceedings after 1945. As the property was seized in the National Socialist era, then pursuant to the GSF Law, the restitution of the property would be to be recommended. As the property today is a public traffic thoroughfare, the Arbitration Panel considered a restitution impracticable and after consultation with the City of Vienna, awarded a comparable asset. In order to determine the current market value of the part of the property, a valuation report, drawn up by an independent expert, was obtained. On the basis of this report, the Arbitration Panel recommended the current Vienna Municipal Councillor for Finance Administration to award the applicant 106,000 Euro.
For use by media; not legally binding upon the Arbitration Panel for In Rem Restitution.
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