Decision no. WA9/2010

The Arbitration Panel for In Rem Restitution had already rejected an application for restitution of a property in Vienna/Döbling. This property had belonged to the Republic of Austria on the cut off day 17 January 2001. The property had already been the subject of restitution proceedings which were concluded with a settlement in 1953. In this settlement, the former owner waived restitution in exchange for a payment of 300,000 Schilling. In the opinion of the Arbitration Panel, this settlement was not extremely unjust, because the settlement amount appeared to be adequate. There were also no indications that the former restitution claimants, Maria R. and Erwin R. had been limited in their freedom of contract.

In their application for reopening, the applicants stated their belief that the former restitution claimant, Erwin R., had been depressed during and even before the restitution proceedings, and had suffered a depressive illness since at least early 1953. At the time of the restitution settlement, he had not been legally competent or capable of making a will. He had also been in a dire financial predicament.

The Arbitration Panel rejected the application for reopening and determined that the documents submitted by the applicants did not substantiate any new facts which could have led to an amendment to decision no. 204/2006. Although the Arbitration Panel had not previously been aware of the fact that Erwin R. had been involved in a car accident on New Year’s Eve1941/1942, this did not permit any conclusions to be drawn as to his mental health in 1953. Moreover, Erwin R. was represented by a lawyer throughout the entire restitution proceedings, the settlement was concluded on his initiative and no financial predicament could not be proven either.