Decision no. 630/2010

In 1938, the undeveloped properties in the 22nd Municipal District of Vienna belonged to the mother of the applicant, Emma S., and her sister Anna D., her nephew Gustav Sp. and her niece Eva Sp. In 1942, Emma S.’s shares were allocated to the “Central Office for the Settlement of the Jewish Question in Bohemia and Moravia” and the shares of Gustav Sp. and Eva Sp. Were forfeited to the German Reich. In contrast, Anna D. remained the owner of her shares. In 1942, Emma S. was deported to the concentration camp Auschwitz and in 1944 on to the deportation camp Auschwitz. In 1944, she was deployed as a forced labourer in a satellite camp of the concentration camp Flossenburg where she survived the war. After 1945, she emigrated to England. Gustav Sp. and Eva Sp. succeeded in fleeing to England, from where they emigrated to Australia.

After the end of the National Socialist regime, Emma S. applied to the Restitution Commission Vienna and Gustav and Eva Sp. to the Financial Directorate for Vienna, Lower Austria and Burgenland for the restitution of their seized property shares. Their applications were granted in 1949. She and Peter D., the legal successor of Anna D., subsequently sold the properties to the City of Vienna.

The claim for restitution of the properties asserted before the Arbitration Panel has therefore already been decided in favour of the aggrieved owners in earlier proceedings. The Arbitration Panel has ruled in several previous decisions that it cannot recommend the renewed restitution of a property which has already been restituted.