Decision no. WA8/2010

On 23 June 2008, the Arbitration Panel for In Rem Restitution rejected the application for restitution of parts of a property in Ossiach/Carinthia which were owned by the Province of Carinthia on the cut off day, 17 January 2001. It could not be determined that the refusal of the National Socialist authorities to allow the former “ancestral farm” to be passed on to Ignanz W. could be traced back to one of the grounds of persecution cited in the Entschädigungsfondsgesetz (“General Settlement Fund Law”). There were particularly no indications that Ignanz W. had peen persecuted on political grounds under National Socialism.

In his application for a reopening, the applicant now held the opinion that Ignanz W. had not been able to provide a “proof of aryanism” due to the fact that he had been born out of wedlock. For this reason, he had not been able to fulfil the requirements of origin stipulated by the Reichserbhofgesetz (“Reich Ancestral Farm Act”) of 1933.

The Arbitration Panel rejected the application for the reopening of proceedings. The documents submitted by the applicant contained no new facts which would have made the reversal of decision no. 422/2008 plausible. Persecution on political grounds could neither be inferred from the newly submitted documents nor from those already at hand.