Decision no. 1136/2015

Application

 

Applicant, Status

Hanna W., Rejection

Public owner

Stadtgemeinde Stockerau

Type of property

immovable

Real estate in

KG Stockerau (11142), Stockerau, Niederösterreich | show on map

Decision

 

Number

1136/2015

Date

21 May 2015

Reasons

Outside the jurisdiction of the Arbitration Panel or the scope of application of the GSF Law
No "extreme injustice" pursuant to Sec. 32 (2) item 1 of the GSF Law

Type

substantive

Decision in anonymous form

Press release

Press Release Decision No. 1136/2015

Lower Austria, Stockerau
On 21 May 2015, the Arbitration Panel for In Rem Restitution rejected an application for in rem restitution of several properties. A settlement concluded by the original owner with the Municipality of Stockerau was not assessed by the Arbitration Panel to be extremely unjust as defined by the Entschädigungsfondsgesetz (“General Settlement Fund Law, GSF Law”) and the application for the property, owned on the cut off day by the Municipality of Stockerau, was rejected for this reason. The application for in rem restitution of other properties was rejected because they were not under public ownership.

In 1938, Rosa R. owned, among others, a property on which a house containing her father’s general store was situated. Two fields and a river-meadow parcel with an area of 1,895 m² also belonged to this property. After the Anschluss, Rosa R. had to sell the majority of this property for 28,000 Reichsmark to a company that had already purchased the general store. The other three property parcels had to be sold to the Municipality of Stockerau for a total of 450 Reichsmark. In 1939, Rosa R. fled to Palestine with her husband and two children.

In 1948, Rosa R. commenced several sets of restitution proceedings. In the same year Rosa R. concluded a settlement with the Municipality of Stockerau with which the two fields were restituted and a 448 m² field was provided to replace the river-meadow parcel for which she had also claimed restitution. On 17 January 2001 the river-meadow parcel continued to be owned by the Municipality of Stockerau. None of the other requested properties were publicly owned on the cut off day.

The applicant, Rosa R.’s daughter, requested in rem restitution of the properties that her mother had had to sell in 1938.

In its juridical appraisal, the Arbitration Panel examined among other things whether the settlement had constituted an extreme injustice as defined by the General Settlement Fund Law. The Arbitration Panel could not identify any discrepancy in value between the property’s value at the time of the settlement and the settlement sum. Therefore, it had to reject the application.

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