Decision no. 923/2013

Application

 

Applicant, Status

Asher B., 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 Ober St. Veit (01209), Wien, Wien | show on map
KG Innere Stadt (01004), Wien, Wien | show on map
Show all on map

Decision

 

Number

923/2013

Date

19 Mar 2013

Reasons

No legal succession
Other grounds for the decision
No ownership 1938-1945

Type

substantive

Decision in anonymous form

Press release

Press Release Decision No. 923/2013

Vienna Siebenhirten/Erlaa and Upper Austria, Linz
On 19 March 2013, the Arbitration Panel for In Rem Restitution rejected the applications for in rem restitution of several properties in Vienna, Siebenhirten and Erlaa; in Linz, Wegscheid und Leonding and of a building in Vienna, Innere Stadt, because the applicant was not eligible to file an application. The restitution of a property in Vienna, Hietzing was rejected as this property had not been owned by the applicant’s legal predecessor on 12 March 1938.

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