Decision no. 899/2012

Application

 

Applicant, Status

Harry W., Rejection

Public owner

Stadt Wien

Type of property

immovable

Real estate in

KG Währing (01514), Wien, Wien | show on map
KG Margarethen (01008), Wien, Wien | show on map
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Decision

 

Number

899/2012

Date

17 Dec 2012

Reasons

In rem restitution already granted after 1945
Outside the jurisdiction of the Arbitration Panel or the scope of application of the GSF Law

Type

substantive

Decision in anonymous form

Press release

Press Release Decision No. 899/2012

Vienna, Währing and Margareten
On 17 December 2012, the Arbitration Panel for In Rem Restitution rejected an application for in rem restitution of two properties in Vienna, Währing and a property in Vienna, Margareten. Both properties in Währing had already been restituted in 1947 and the property in Margareten has never been publicly-owned.

In 1938, the requested properties, two property parcels in the 18th District and a tenanted apartment building in the 5th District in Vienna, were owned by the Jewish doctor, Dr. Stefanie G.

In October 1938, Dr. G. sold the apartment building in Margareten to the spouses Rudolf and Marie B. for 28,000 Reichsmark. Among other things, she used the proceeds from the sale to pay the Reich Flight Tax and to finance her emigration. In December 1938, Dr. G. fled to New York.

Just prior to her flight, Dr. G. had concluded a purchase contract with Leopoldine Z. regarding the two property parcels in Währing with an area of 376 m², which were supposed to be sold for 950 Reichsmark. After the Vienna Pricing Authority had valued the properties at 2,840 Reichsmark, the Property Transaction Office imposed an additional “dejewification fee” of 1,890 Reichsmark on the buyer. Subsequently, Leopoldine Z. withdrew from the contract. Finally, in December 1941 the property parcels were forfeited to the German Reich on grounds of the Elfte Verordnung zum Reichsbürgergesetz (“Eleventh Decree to the Reich Citizenship Law”).

In August 1947, Dr. Stefanie G., now married Br., filed for restitution of the two property parcels in Währing at the Financial Directorate for Vienna, Lower Austria and Burgenland. The properties were restituted to her within the month.

Stefanie Br. did not file a claim for restitution of the apartment building in Margareten. In 1961, Collection Agency A, which could assert as yet unasserted claims pursuant to the Auffangorganisationengesetz (“Receiving Organizations Act”), concluded a settlement with Rudolf B. according to which he remained owner of the property in exchange for a payment of 39,000 Schilling.

One of the properties in Währing and the property in Margareten were not publicly-owned on 17 January 2001, the cut off day pursuant to the Entschädigungsfondsgesetz (“General Settlement Fund Law”). The Arbitration Panel had to reject the application in this regard for this reason.

The second property in Währing was owned by the City of Vienna on the cut off day. As however, the property had already been restituted once in its entirety, the Arbitration Panel also had to reject the application regarding this property.

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