Decision no. 696/2010

Application

 

Applicant, Status

Diana H., Rejection

Public owner

Stadt Wien

Type of property

immovable

Real estate in

KG Aspern (01651), Wien, Wien | show on map
KG Leopoldau (01613), Wien, Wien | show on map
KG Mariahilf (01009), Wien, Wien | show on map
KG Alsergrund (01002), Wien, Wien | show on map
Show all on map

Decision

 

Number

696/2010

Date

27 Sep 2010

Reasons

In rem restitution already granted after 1945
Outside the jurisdiction of the Arbitration Panel or the scope of application of the GSF Law
No ownership 1938-1945

Type

substantive

Decision in anonymous form

Entscheidung 696 2010 (PDF, 47.86 KiB)
English translation: Decision 696 2010 (PDF, 104.84 KiB)

Press release

Press Release Decision No. 696/2010

Vienna, Mariahilf and others
On 27 September 2010, the Arbitration Panel for In Rem Restitution rejected a claim for restitution of several properties in the sixth, ninth, 21st and 22nd municipal districts of Vienna. In part, the properties were not publicly-owned on the cut off day pursuant to the Entschädigungsfondsgesetz ("General Settlement Fund Law – GSF Law"); those properties which met this requirement had already been restituted in the past and sold to the City of Vienna in the 1950s and 1960s. Finally, a requested property in Vienna, Alsergrund, did not belong to the applicant’s predecessors.

In 1938, Otto F. and his mother Margarethe F. were co-owners of a tenanted apartment building in Vienna, Mariahilf. In addition, Otto F. and his cousin Richard F. owned various arable property parcels in Aspern and Leopoldau.

Otto F., Margarethe F. and Richard F. were persecuted by the National Socialist regime on grounds of their Jewish ancestry. For this reason, Margarethe F. had to sell her share of the property in Mariahilf in July 1939. She fled to Belgium immediately afterwards. The share belonging to her son, who had fled to Switzerland was sold in a forced auctioning procedure in 1942. In both cases, the purchaser was the same private party.

The arable property parcels belonging to Otto F. and Richard F. in Aspern and Leopoldau were confiscated by the German Reich in 1943 and 1944.

After the Second World War, Otto, Margarethe and Richard F. initiated restitution proceedings in order to get back the properties which had been seized from them. The arable property parcels were restituted to Otto F. and Richard F. in 1948 and Otto F.’s share in the tenanted apartment building in Vienna, Mariahilf was also restituted in the same year. In contrast, Maria F. submitted a declaration before the Restitution Commission Vienna waiving her share as she had sold of her own volition and received an adequate consideration.

The restitution claims asserted for the restituted properties were rejected by the Arbitration Panel due to the previous positive decisions on them.

The application concerning the tenanted apartment building in Vienna, Alsergrund was rejected as the research carried out by the Arbitration Panel revealed that Richard F. had not been the owner of the property in 1938.

As the requested tenanted apartment building in Vienna, Mariahilf was not publicly-owned on the cut off day stipulated by the General Settlement Fund Law, 17 January 2001, it was not necessary to more closely examine the waiver submitted by Margarethe F. The Arbitration Panel therefore rejected the application for restitution of this property.

For use by media; not legally binding upon the Arbitration Panel for In Rem Restitution.
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