Decision no. 923/2013
Application
Applicant, Status
Public owner
Land Oberösterreich
Stadt Wien
Type of property
Real estate in
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 Ober St. Veit (01209), Wien, Wien | show on map
KG Innere Stadt (01004), Wien, Wien | show on map
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Decision
Number
Date
Reasons
Other grounds for the decision
No ownership 1938-1945
Type
Decision in anonymous form
Press release
Press Release Decision No. 923/2013
In March 1938, Anna K. was the sole owner of the Josef K. & Co. AG and 66 % shareholder of the G.-Werke AG. She also owned a building in Vienna-Innere Stadt. The G.-Werke AG owned extensive land for its operations in Linz-Wegscheid and Leonding. The Josef K. & Co. AG owned properties in Vienna, Siebenhirten and Erlaa. After the Anschluss, Anna K. had to sell the building in Vienna, a tenanted apartment building, to the spouses Julius and Hermine H. and to cede her shares in the corporations to the W.-T. AG.
After the takeover, the Josef K. & Co. AG and the G.-Werke AG were liquidated and their assets sold off. The properties in Upper Austria were sold to various buyers, including the German Reich Railways and the German Reich, the properties in Vienna to the Bauunternehmung Ka. In 1942 Anna K. was deported and murdered.
In the 1950s, the sons of Anna K. filed applications for restitution of the shares in the companies and against the acquirers of the properties for restitution thereof.
Subsequently, the properties in Linz, Wegscheid and Leonding were restituted, as was the tenanted apartment building in Vienna, Innere Stadt. In 1953, the sons of Anna K. concluded a private settlement with the Bauunternehmung Ka., in which they waived the restitution in exchange for an unknown settlement sum.
Max K., the brother-in-law of Anna K. and grandfather of the applicant had owned a property in Vienna, Hietzing, which he had, however, already lost in 1935 during the course of a forced auctioning procedure. On 12 March 1938, Max K. had not owned any other properties.
In its juridical appraisal the Arbitration Panel held that Max K. was not Anna K.’s legal successor; her legal successors were her sons. As such, the applicant, a legal successor of Max K., is not a legal successor to Anna K. Therefore his eligibility to file an application was denied and the application for in rem restitution of the properties in Vienna and Linz, Wegscheid and Leonding had to be rejected.
The application for restitution of the property in Vienna, Hietzing had to be rejected as the property had no longer been owned by Max K. on 12 March 1938, the cut off day pursuant to the GSF Law.
For further inquiries contact: presse@nationalfonds.org