Decision no. 1005a/2014

Application

 

Applicant, Status

Ken P., Recommendation
Raymond P., Recommendation
Robert P., Recommendation
William P., Recommendation
George S., Recommendation

Public owner

Land Niederösterreich
Republik Österreich

Type of property

immovable

Real estate in

KG Schönau an der Triesting (04028), Schönau an der Triesting, Niederösterreich | show on map
KG Kottingbrunn (04016), Kottingbrunn, Niederösterreich | show on map
KG Klosterneuburg (01704), Klosterneuburg, Niederösterreich | show on map
KG Dornbach (01401), Wien, Wien | show on map
Show all on map

Decision

 

Number

1005a/2014

Date

03 Dec 2014

Reason

Award of a comparable asset pursuant to Sec. 34 of the GSF Law

Type

substantive

Decision in anonymous form

Related decision

Press release

Press Release Decision No. 1005a/2014

Lower Austria, Kottingbrunn and Klosterneuburg; Vienna, Dornbach

On 3 December 2014, the Arbitration Panel for In Rem Restitution supplemented its decision of 11 December 2013, no. 1005/2013 and recommended the Republic of Austria to award the five applicants a sum of 1,266 Euros each. In its initial decision the Arbitration Panel recommended the in rem restitution of a property parcel in Kottingbrunn owned by the Republic of Austria because the 1957 settlement regarding this property parcel was deemed to be “extremely unjust”. As this area forms part of the Southern Freeway an actual restitution was not feasible. In such cases the Entschädigungsfondsgesetz (“General Settlement Fund Law” – GSF Law) stipulates that a comparable asset be awarded.

In 1938, Irma W. and her two daughters Helene St. and Marianne S. had owned, among other things, a 440 hectare estate. In 1941 a trustee was appointed for the Nazi authorities and instructed to sell the estate. The trustee sold the majority of the estate to the German corporation W. u. T. Aktiengesellschaft, with the rest going to various local landowners and the Municipality of Kottungbrunn, and a few large areas to the German Reich. From 1942 onward, the German Reich exchanged various property parcels from the former estate with those of local landowners and the Municipality of Kottingbrunn. One property parcel remained under the ownership of the German Reich but was cultivated by Rudolf P.

The properties from the estate that were sold to the W. u. T. Aktiengesellschaft and to the German Reich had passed into the ownership of the Republic of Austria following the Staatsvertrag von Wien (“State Treaty of Vienna”) 1955 as so called “German Property” and were restituted to Irma W., Helene St. and Marianne S. in 1956 and 1957 in two settlements within the scope of restitution proceedings commenced in 1949. The property parcel cultivated by Karl P., a son of Rudolf P., was not restituted as the Republic of Austria had believed that it had passed into the ownership of Karl P. The restitution claimants subsequently waived its restitution.

During its assessment of the restitution proceedings conducted from 1949 to 1957 the Arbitration Panel established that the Republic of Austria had exploited legal and factual leeway to the detriment of the aggrieved owners Irma W., Helene St. and Marianne S. to such an extent that the waiver of the property parcel constituted an “extreme injustice”.

The Arbitration Panel was able to recommend the restitution of a 2,433 m² area of this property, owned by the Republic of Austria on the cut off day 17 January 2001. As this area forms part of the Southern Freeway, in rem restitution was not feasible. Therefore, following consultations with the Federal Minister for Transport, Innovation and Technology, pursuant to Sec. 34 of the GSF Law the Arbitration Panel recommend that the five applicants, all legal successors of Irma W., Helene St. and Marianne S. be awarded the monetary value of the area at the time the decision was issued. An expert’s valuation report obtained by the Arbitration Panel formed the basis for the recommended amount to be awarded to the applicants in the total of 6,330 Euros.

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