Decision no. 654/2010

Application

 

Applicant, Status

Franz H., Recommendation

Public owner

Republik Österreich

Type of property

immovable

Real estate in

KG Willendorf (23354), Willendorf, Niederösterreich | show on map

Decision

 

Number

654/2010

Date

19 May 2010

Reason

Claim accepted by the public owners

Type

substantive

Decision in anonymous form

Related decision

Press release

Press Release Decision No. 654/2010

Lower Austria, Willendorf
On 19 May 2010, the Arbitration Panel for In Rem Restitution recommended the restitution of road areas in Willendorf in the Wachau. In 1938, these areas had belonged to a farm, the owner of which had fled to New Zealand with his family to escape National Socialist persecution.
The case brought before the Arbitration panel related to 1,447 m² which in 1938 had constituted part of a farm with an area of a little over 5 hectares. Although their owner had been a member of the Roman Catholic Church, he was persecuted by the National Socialist regime because of his Jewish ancestry.

After Paul H. had sold his farm to the R. spouses in 1939, he and his family found refuge in New Zealand.

In 1950, Paul H. wrote to the owner of the farm at that time, a son of the R. spouses, and informed them that neither he nor his family intended to return to Austria. He also informed them to the effect that he would not be claiming back his property, as he did not attribute any blame to the R. spouses for the sale, it was much more so that the National Socialist system had forced him to sell.

In the early 1960s, the Republic of Austria requisitioned a total of 1,447 m² of Paul H.'s former property in order to construct a road. On 17 January 2001, the cut off day pursuant to the Entschädigungsfondsgesetz ("General Settlement Fund Law"), these areas formed part of the highway B 3 ("Donau Straße").

In the proceedings before the Arbitration Panel, the Republic of Austria had declared that all legal requirements for the restitution of these areas to the son of Paul H., Franz H., had been met. The Arbitration Panel concurred.

Due to the fact that these areas are used as a road, also today, an actual restitution does not come into question. Therefore, the Arbitration Panel will recommend the Republic of Austria to pay the market value of the areas to the applicant. Franz H. has already received monetary compensation from the General Settlement Fund for the remaining property of his father.
For use by media; not legally binding upon the Arbitration Panel for In Rem Restitution.
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