Decision no. 1035/2014

In 1938, the requested property was owned by three brothers, who were considered Jewish in accordance with the Nuremberg Laws of 1935. The applicant’s grandfather was recorded in the land register as owner of 29/100 shares. On 1 February 1939 a purchase contract was concluded between the owners and the vendors. The purchase price was subsequently reduced from 198,000 Reichsmark to 186,000 Reichsmark. In 1940, the Foreign Exchange Board instructed that Jewish capital levy, personal taxes and passport fees, in total 149,254 Reichsmark, were to be paid using the proceeds from the sale. The balance of 36,746 Reichsmark had to be deposited into an immigrant’s frozen account in order to pay capital gains tax, transfer fees and commission.

During the war the building was seriously damaged by bomb hits and street combat and was consequently partially uninhabitable.

In March 1948 the commencement of restitution proceedings for the property subject of the application was recorded in the land register. The restitution claimants were the heirs of the previous owners. In 1951 a settlement was concluded before the Restitution Commission at the Provincial Court for Civil Matters Vienna. In accordance with this settlement, the restitution claimants waived the restitution of the property in exchange for a payment of 90,000 Schilling and the assumption of legal costs of 10,000 Schilling.

On 17 January 2001 the property was owned by the City of Vienna.

In its juridical appraisal the Arbitration Panel examined, among other things, whether the abovementioned settlement had constituted an extreme injustice in accordance with the GSF Law. As the value of the property at the time of the settlement – which could have indicated an extreme injustice – could not be established, the Arbitration Panel rejected the application.