Decision no. 721/2010

In 1938, the property in the second municipal district of Vienna, on which a four storey house was situated, belonged to the Jewish spouses Hermann and Irene E. In August 1939, they fled to their daughter in Venice and remained there until the end of the Second World War.

Prior to the flight, they had granted an unlimited power-of-attorney for the sale of their property to the consul and former lawyer registered with the Jewish representation agency, Rudolf H. On the basis of this authorization, in 1939 Rudolf H. concluded a purchase contract for the property with the spouses Rudolf and Rosa S. on behalf of the E. spouses. The majority of the purchase price of just under 70,000 Reichsmark was used to pay discriminating taxes and charges and for the costs of the sale. A balance of 8,700 Reichsmark was then deposited on a frozen account.

As a result of events during the war, the residential building situated on the property was completely destroyed.

In June 1947, Hermann and Irene E., now living in England, filed for the restitution of the property with the Restitution Commission Vienna. In June 1949, the S. spouses were ordered to restitute the property immediately. In exchange, Hermann and Irene E. were however obliged to reimburse a partial amount of the purchase price of around 56,000 Schilling to the Rudolf and Rosa S. within 3 months. The S. spouses lodged an appeal against this decision. However, this appeal remained unsuccessful with the result that the decision of the Restitution Commission Vienna became legally binding in October 1949.

There is no documentary evidence of the E. spouses further activities surrounding the properties. They neither had themselves recorded as owners in the land register nor did they sell on the property or dispose of it in any other form.

In October 1951, at the instigation of Rudolf and Rosa S. the property was sold in a forced auctioning procedure. At this auction the City of Vienna placed the winning bid of 65,000 Schilling. Firstly, the claim of the S. spouses of 56,000 Schilling including interest and costs of the enforcement proceedings was paid. The balance of just under 2,000 Schilling was allocated to the E. spouses.

The present applicants before the Arbitration Panel, the five grandchildren of the former owners, Hermann and Irene E., based their application on the assertion that the decision of the Restitution Commission was “extremely unjust” in the meaning of the Entschädigungsfondsgesetz (“General Settlement Fund Law” – GSF Law). As their grandparents had not received any of the proceeds from the sale, they should never have had to reimburse the purchase price in accordance with the Restitution Acts in force at the time.

As the claim asserted before the Arbitration Panel for the restitution of the property had already been decided during earlier proceedings, the Arbitration Panel was unable to recommend a renewed restitution. Moreover, the error alleged by the applicants in the decision of the Restitution Commission Vienna had already been redressed through other compensation measures for victims of National Socialism.