Decision no. 900/2013

Application

 

Applicant, Status

Jeffrey K., Rejection
Ronald K., Rejection
Ruth K., Rejection

Public owner

Republik Österreich
Land Oberösterreich
Stadt Wien

Type of property

immovable

Real estate in

KG Leonding (45306), Leonding, Oberösterreich | show on map
KG Kleinmünchen (45202), Linz, Oberösterreich | show on map
KG Siebenhirten (01808), Wien, Wien | show on map
KG Erlaa (01802), Wien, Wien | show on map
KG Landstraße (01006), Wien, Wien | show on map
KG Innere Stadt (01004), Wien, Wien | show on map
Show all on map

Decision

 

Number

900/2013

Date

21 Jan 2013

Reasons

Outside the jurisdiction of the Arbitration Panel or the scope of application of the GSF Law
No "extreme injustice" pursuant to Sec. 32 (2) item 1 of the GSF Law
Deadline expired
No ownership 1938-1945

Type

substantive

Decision in anonymous form

Press release

Press Release Decision No. 900/2012

Vienna, Siebenhirten/Erlaa and Upper Austria, Linz
On 21 January 2013, the Arbitration Panel for In Rem Restitution dismissed applications for in rem restitution of several properties in Vienna-Siebenhirten and Erlaa, in Linz-Wegschied and Leonding and of a building in Vienna-Innere Stadt. These applications pertained to the parts of the properties that had been owned by the Republic of Austria, and had to be dismissed because the applications in this regard had not been filed within the deadline. The applications pertaining to parts of properties which were owned by the City of Vienna were rejected because a settlement had been reached in 1953 which the Arbitration Panel did not qualify as an “extreme injustice”. The in rem restitution of the remaining properties was also rejected on grounds of ineligibility of the applicants to file applications, the absence of publicly-owned property and previous restitution measures.

In March 1938, Anna K. was the sole owner of the Josef K. & Co. Corporation and 66 % shareholder of the G.-Werke Corporation. She also owned a building in Vienna-Innere Stadt. The G.-Werke Corporation owned extensive land for its operations in Linz-Wegscheid and Leonding. The Josef K. & Co. Corporation owned properties in Vienna-Siebenhirten and Erlaa. After the Anschluss, Anna K. had to sell the building in Vienna, a tenanted apartment block, to the spouses Julius and Hermine H. and to cede her shares in the corporations to the W.-T. Corporation. This corporation belonged to the Ind. limited commercial partnership, which had been established by the Reich region Upper Danube in order to control the regional economy, to “aryanize” companies and properties and to guarantee the supply of goods. In 1941, the Ind. limited commercial partnership was converted into the H. I. limited liability partnership.

After the takeover, the Josef K. & Co. Corporation and the G.-Werke Corporation were liquidated and their assets sold off. The properties in Upper Austria were sold to various companies, to the German Reich Railways and to the German Reich, the properties in Vienna to the construction company Ka. In 1942 Anna K. was deported and murdered.

In the 1950s, the sons of Anna K. conducted proceedings against the W.-T. Corporation and the H. I. limited liability partnership for the restitution of the shares of the corporation and against the acquirers of the properties for restitution of these properties. Further, they filed for the reestablishment of Josef K. & Co. Corporation and G.-Werke Corporation pursuant to the Fünftes Rückstellungsgesetz (“Fifth Restitution Act”).

Subsequently, almost all of the properties in Linz-Wegscheid and Leonding restituted, as was the building in Vienna-Innere Stadt. With regards to the properties in Vienna Siebenhirten and Erlaa, Anna K.’s sons concluded a private settlement with the construction company Ka., in which they waived restitution in exchange for an unknown settlement amount.

In its juridical appraisal, the Arbitration Panel held that the applications for in rem restitution of the properties and parts thereof which on the cut off day 17 January 2001 were owned by the Republic of Austria, the Österreichische Bundesbahn (“Austrian Federal Railways”) and the Bundesimmobiliengesellschaft (“Federal Real Estate Company”), had not been received until after the 31 December 2007, the deadline for filing applications for federally-owned property. Therefore, these applications were dismissed by the Arbitration Panel.

With regard to the properties which had been owned by Josef K. & Co. Corporation, the Arbitration Panel confirmed Anna K.’s status as owner pursuant to Sec. 28 (1) item 1 of the Entschädigungsfondsgesetz (“General Settlement Fund Law” – GSF Law), as she had been able to indirectly dispose of the properties as the corporation’s sole shareholder. In contrast, her status as owner of the G.-Werke Corporation was rejected by the Arbitration Panel as she had only owned a 66 % share of this company. As such, Anna K. had not been able to dispose of the properties of the G.-Werke Corporation and it therefore had to be determined that her legal successors, the applicants, were not eligible to file applications in this regard. The applications for in rem restitution of the properties in Linz-Wegscheid and Leonding had to be rejected.

Regarding the parts of the properties presently owned by the City of Vienna, the Arbitration Panel had to examine the private settlement concluded in 1953 for the existence of an “extreme injustice”. However, the contents of the settlement could not be established as it was not concluded as part of the restitution proceedings and the Restitution Commission was not informed of its content. Despite this, the Arbitration Panel held that the sons of Anna K. had not been limited in their freedom of contract at the time of the conclusion of the settlement and they had been represented by a lawyer. Therefore, these applications for restitution also had to be rejected by the Arbitration Panel.

Finally, the applications for restitution of the property in Vienna-Innere Stadt had to be rejected because the property had already been restituted to Anna K.’s sons in 1952. Moreover, the property was not publicly-owned on the cut off day 17 January 2001.

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