Decision no. 871/2012

Application

 

Applicant, Status

Gabriela D., Rejection
Georgina D., Rejection

Public owner

Stadt Wien

Type of property

immovable

Real estate in

KG Siebenhirten (01808), Wien, Wien | show on map

Decision

 

Number

871/2012

Date

16 Oct 2012

Reason

In rem restitution already granted after 1945

Type

substantive

Decision in anonymous form

Press release

Press Release Decision No. 871/2012

Vienna, Siebenhirten
On 16 October 2012, the Arbitration Panel for In Rem Restitution rejected two applications for in rem restitution of properties in Vienna, Siebenhirten, on which a weaving mill had formerly been situated. The requested properties had been restituted to the original owners and/or their heirs in 1945.

The Jewish textile manufacturer Isidor N., the great-grandfather of the applicants, had been a partner in an Offene Handelsgesellschaft (“general partnership”) with his younger brother Eduard N. since 1920. This partnership had operated a weaving mill in Siebenhirten and was the owner of the requested properties. Shortly after the Anschluss of Austria to the German Reich, the N. brothers were prohibited from entering the mill. In June 1939, they had to sell the company and the properties belonging to it to Alfred K.

In 1940, Alfred K. incorporated the properties into a business partnership, which he had founded with Alfred G., and which continued to operate the weaving mill in Siebenhirten.

In fall 1939, Isidor N. fled to Argentina with his wife and Edmund N. fled to New York. The applicants’ grandparents, Walter and Regina N., had already emigrated to Argentina in the early 1930s.

In 1947, Edmund N. and the heirs of Isidor N., who had since passed away, filed an application with the Restitution Commission Vienna for restitution of the weaving mill and the properties belonging to it in Siebenhirten. The application was directed against Alfred K., Alfred G. and their business partnership. On 7 March 1957, the application was granted and the pro rata transfer of the company and of the ownership of the properties to the restitution claimants was ordered.

The company was transferred to the restitution claimants in May 1957; the respective shares of the ownership title to the properties were recorded for Edmund N. and the heirs of Isidor N. in the land register on 13 July 1957. The operation of the weaving mill was suspended.

On 17 January 2001, the cut off day pursuant to the Entschädigungsfondsgesetz (“General Settlement Fund Law”), parts of the requested properties was owned by the City of Vienna. As, however, the properties had already been restituted in rem in their entirety, the Arbitration Panel had to reject the applications.

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