Decision no. 938/2013

Application

 

Applicant, Status

Helene M., Dismissal

Public owner

Stadt Wien

Type of property

immovable

Real estate in

KG Mariahilf (01009), Wien, Wien | show on map

Decision

 

Number

938/2013

Date

25 Jun 2013

Reason

Deadline expired

Type

substantive

Decision in anonymous form

Press release

Press Release Decision No. 938/2013

Vienna, Mariahilf
On 25 June 2013, the Arbitration Panel for In Rem Restitution dismissed an application for restitution of 3/8 shares of each of two historical properties in Vienna, Mariahilf, as the application had been submitted after the expiry of the application deadline.

On 12 March 1938, the requested properties belonged to the German National Valerie T., who also remained their owner under National Socialist rule.

After the end of the National Socialist regime the Allies laid claim to the assets of German nationals which were situated in Austria as so called Deutsches Eigentum (“German Property”). These also included the properties subject of the application. In accordance with the provisions of the Staatsvertrag (“State Treaty”) 1955, German Property passed into the ownership of the Republic of Austria.

Valerie T. died in 1949. Pursuant to the provisions of the Staatsvertragsdurchführungsgesetze (“State Treaty Implementation Acts”) and the Asset Agreement of 1957 between Austria and Germany, the Republic transferred a share, 5/8 of each property in total, to an Austrian and a German heir of Valerie T. Three further heirs did not meet the legal requirements for such a transfer as they were Bulgarian nationals.

In 1960 and 1961 the Republic of Austria and the two other co-owners sold the properties to the City of Vienna, which continued to own both properties on the statutory cut off day pursuant to the Entschädigungsfondsgesetz (“General Settlement Fund Law”), 17 January 2001.

In November 2011, the applicant, a legal successor to one of the Bulgarian heirs, requested the restitution of 3/8 shares of the historical properties.

As the deadline for filing applications for properties owned by the City of Vienna had, however, expired on 31 December 2009, the Arbitration Panel dismissed the application.

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