Decision no. 1136/2015
Application
Applicant, Status
Public owner
Type of property
Real estate in
Decision
Number
Date
Reasons
No "extreme injustice" pursuant to Sec. 32 (2) item 1 of the GSF Law
Type
Decision in anonymous form
Press release
Press Release Decision No. 1136/2015
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 further inquiries contact: presse@nationalfonds.org