Decision no. 1071/2014

Application

 

Applicant, Status

Susan W., Rejection

Public owner

Stadt Wien

Type of property

immovable

Real estate in

KG Nußdorf (01507), Wien, Wien | show on map

Decision

 

Number

1071/2014

Date

24 Sep 2014

Reason

In rem restitution already granted after 1945

Type

substantive

Decision in anonymous form

Press release

Press Release Decision No. 1071/2014

Vienna, Nußdorf
On 24 September 2014, the Arbitration Panel for In Rem Restitution rejected an application for in rem restitution of properties, parts of which were owned by the City of Vienna, in Vienna Nußdorf. The properties had already been restituted after 1945.

In 1938, one half of each of the two properties in the 19th Municipal District of Vienna was owned by the Jewish businessman Moritz G. A tannery for a shoe factory and a tenanted apartment building were situated on one of the properties, which had an area of 2,273 m². The other property, with an area of 1,569 m² had also had a tenanted apartment building situated on it.

In March 1938, Moritz G. was able to flee to Paris and later to Sydney.

On 17 August 1939 Hans W., the trustee who had been appointed by the Property Transaction Office for Moritz G.’S assets, sold his one half share of the larger of the properties to Kurt Go. for 13,800 Reichsmark. The buyer had to pay an additional 1,200 Reichsmark as “dejewification fee”. The majority of the proceeds from the sale were used to pay the Jewish capital levy which had been imposed on Moritz G. On 9 July 1940, Kurt Go. sold this one half share to Adolf Ernst H. for 15,000 Reichsmark.

Moritz G.’s one half share of the smaller property was forfeited to the German Reich on grounds of the Elfte Verordnung zum Reichsbürgergesetz (“Eleventh Decree to the Reich Citizenship Law”) of 25 November 1941.

On 31 October 1950, the Financial Directorate for Vienna, Lower Austria and Burgenland restituted this half share of the property to Moritz G. In 1951, Moritz G. sold this one half share.

On 24 April 1950, proceedings before the Restitution Commission Vienna also led to the restitution of the one half share of the larger property to Moritz G. In exchange for the restitution, he had had to reimburse the purchase price of 15,000 Schilling to Adolf Ernst H. In 1955, Moritz G. sold part of this half of the property.

In 1954, Moritz G. returned to Vienna, where he died in 1955. In 1970, his heirs – his sons Alfred and Otto G. – sold the remaining part of the half share of the property.

On 17 January 2001, the cut off day pursuant to the Entschädigungsfondsgesetz (“General Settlement Fund Law”), parts of both properties belonged to the City of Vienna. However, as these parts of the properties had already been restituted, the Arbitration Panel rejected the application for restitution.

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