Decision no. 1033/2014

In March 1938, the undeveloped property in the 19th District of Vienna was under the sole ownership of Ella B., who was considered Jewish in accordance with the Nuremberg Laws of 1935 following the Anschluss of Austria to the German Reich.

Initially, from autumn 1938, Ella B. had made attempts to transfer this property, among others, to her children, who were deemed Mischlinge 1. Grades (“first grade half-castes”). After these attempts had failed, in April 1941 she had had to sell the property to the spouses Josef and Maria H. for 22,700 Reichsmark. An amount of 12,630 Reichsmark from the proceeds of the sale went to the Central Department for Jewish Emigration and the rest was used to pay expenses, fees, subsistence and Ella B.’s medical expenses.

In September 1942, Ella B. was deported to the ghetto and concentration camp Teresienstadt, where she was murdered.

After the end of the National Socialist regime, in 1947 the heirs of Ella B. filed for restitution of the property. In 1951 the proceedings resulted in the restitution of the entire property, with the restitution claimants having to pay a sum of 21,000 Schilling to the H. spouses.

In 1952 the heirs of Ella B. were recorded in the land register as owners of the property. In December 1953 they sold the individual property parcels of the property. During the course of the development of the property, in 1954 a partial area was partitioned off and assigned to public property. The owner of this area on 17 January 2001 was the Municipality of Vienna.

The applications for in rem restitution filed with the Arbitration Panel by two grandchildren, the widow of a grandchild and three great-grandchildren of Ella B. were rejected as the property formerly belonging to Ella B. had already been restituted in its entirety.