Decision no. 899/2012
Application
Applicant, Status
Public owner
Type of property
Real estate in
KG Margarethen (01008), Wien, Wien | show on map
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Decision
Number
Date
Reasons
Outside the jurisdiction of the Arbitration Panel or the scope of application of the GSF Law
Type
Decision in anonymous form
Press release
Press Release Decision No. 899/2012
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 further inquiries contact: presse@nationalfonds.org