Decision no. 654a/2010

The case brought before the Arbitration Panel initially concerned one third of a 1,447 m² public road area in Willendorf. In 1938, this area was part of an agricultural property with a little over 5 hectares. Their owner Paul H. was a member of the Roman Catholic Church, however, due to his Jewish ancestors he was persecuted by the National Socialist regime.

In the early 1960s, the Republic of Austria laid claim to 1,447 m² of the property previously belonging to Paul H. for the construction of a public road. On 17 January 2001, the cut off day pursuant to the GSF Law, these areas were a part of the Federal Highway B3 ("Donau Straße").

In the proceedings before the Arbitration Panel, the Republic of Austria had declared that all statutory requirements for the restitution of these areas to the son and co-heir of Paul H., Franz H., had been met. The Arbitration Panel agreed with this in decision no. 654/2010.

In July 2010, Franz H. was to avail himself of the possibility provided for in the Rules of Procedure of the Arbitration Panel to also assert the shares of the other co-heirs – a brother and the descendants of a late brother. The Arbitration Panel was then able to positively decide on the other two thirds of the 1,447 m² area.

Due to the area’s continued use as a public road, an in rem restitution was, however, not practicable. For this reason, upon consultation with the Minister of Transport, the Arbitration Panel was to award the current market value.

In order to determine the market value, the Arbitration Panel consulted an official expert of the Province of Lower Austria for the acquisition of land. His information on the money paid by the Province of Lower Austria for land acquired for road construction in the last ten years formed the basis for the payment recommendation of 14,470 Euros.