Decision no. 1101/2014

In 1938, the property in KG Aspern and one third of the property in KG Großjedlersdorf I were owned by the estate of Dr. Moritz A. On 13 September 1939 the ownership titles to these properties were recorded in the land register for his children Marianne S. and Ing. Peter A. in equal shares. Dr. Moritz A and his children were considered Jewish in accordance with the Nuremberg Laws of 1935.

From as early as 1934 onward, numerous property parcels had already been partitioned off the property in KG Großjedlersdorf I and sold during the course of a partitioning procedure to create a residential estate. The owners of the area of the property in KG Großjedlersdorf I that remained following further sales and partitionings and of the property in KG Aspern sold the properties in March 1940 to the Emigration Fund Vienna. The property in KG Großjedlersdorf I was subsequently sold to the Si. family; the property in KG Aspern to Eugenie H.

In 1947, Marianne S. and Pauline A. – the latter as heir of Peter A. who had perished in Sachsenhausen concentration camp – filed for the commencement of restitution proceedings for the two properties. In a settlement dated 24 June 1948 the restitution claimants waived the restitution of the one third share of the property in KG Großjedlersdorf I and in a settlement dated20 November 1948 they waived the restitution of the property in KG Aspern in exchange for 21,000 Schilling.

In its judicial appraisal the Arbitration Panel examined whether these settlements constituted an extreme injustice in accordance with the GSF Law. As the Arbitration Panel was unable to determine any discrepancy in value between the settlement sums agreed and the value of the properties at the time, it determined that they had not. The other areas which had been sold between 12 March 1938 and 8 May 1945 which had formed part of the requested properties had not been publicly-owned on the cut off day pursuant to the GSF Law.