Decision no. 663/2010

On 22 June 2010, the Arbitration Panel for In Rem Restitution rejected an application for restitution of one half of each of two properties in Vienna-Fünfhaus and Vienna Währing. They had already been restituted to the aggrieved owner in 1948 and 1953. Accordingly, the Arbitration Panel was unable to pronounce a recommendation for a renewed restitution. Moreover, one of the two properties did not meet the requirement of publicly-owned property pursuant to the Entschädigungsfondsgesetz ("General Settlement Fund Law").

In 1938, one half of each of the requested properties in the cadastral districts ("KG") Fünfhaus and Währing were owned by the Jewish Viennese lawyer Erwin T. He fled to the USA with his family in late 1938.

In 1941, due to discriminatory provisions, the entire assets of Erwin T., including his real estate, came into the ownership of the German Reich. The German Reich sold the property situated in Fünfhaus – the other half had also reverted to the German Reich – in 1943 to Josef F. The second one half property share formerly belonging to Erwin T. in Währing remained under the ownership of the German Reich until the end of the National Socialist regime.

In 1948, Erwin T. applied for the restitution of his former property ownership in Vienna-Fünfhaus at the Restitution Commission Vienna. It was restituted to him in the same year. By decision of the Financial Directorate Vienna, his one half share of the property in Vienna-Währing was also restituted to him in 1953. Erwin T. sold his property shares in the 1950s. In 1971, the City of Vienna acquired the property situated in Fünfhaus.

The present applicant, a son of Erwin T., asserted that the restitution claims regarding the property halves belonging to his father had never been the subject of prior proceedings or a settlement by agreement after 1945.

In its juridical appraisal, the Arbitration Panel first examined whether the properties were publicly-owned. As this requirement was not met with regard to the one half property share in Vienna-Währing, this part of the application had to be rejected for this reason. The claim to restitution of the publicly-owned property share in Vienna-Fünfhaus had already been completely fulfilled in 1948. The Arbitration Panel was therefore unable to recommend a renewed restitution of this one half property share.