Decision no. 1106a/2015

Application

 

Applicant, Status

Edith P., Recommendation
Gertrude W., Recommendation

Public owner

Stadt Wien

Type of property

immovable

Real estate in

KG Rudolfsheim (01306), Wien, Wien | show on map

Decision

 

Number

1106a/2015

Date

29 Sep 2015

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. 1106a/2015/2015

Vienna, Rudolfsheim
On 29 September 2015, in supplementation of its decision no. 1106/2015 the Arbitration Panel for In Rem Restitution recommended that the applicants be awarded a total of 948,000 Euros. In decision no. 1106/2015 the applications for restitution of 412 m² of land in Vienna, Rudolfsheim, owned by the City of Vienna on the cut off day were granted. As this area formed part of a municipal residential estate, in rem restitution was not feasible.

In 1938, Berthold H. owned one half of an 824 m² builder’s yard, which he used as a storage area for his coal business. Following the Anschluss, Berthold H., who was deemed Jewish in accordance with the Nuremberg Laws of 1935, was forced to sell his real estate to an “aryan” woman. He fled to New York with his family and never returned to Vienna.

In 1952 the City of Vienna decided to develop these undeveloped areas in Vienna, Rudolfsheim, along with bordering property parcels, in accordance with the zoning and development plan at the time. As the negotiations regarding the purchase of these property parcels were fruitless, in 1957, in accordance with the Wiener Bauordnung (“Building Regulations for Vienna”), the City of Vienna expropriated their owners at the time, who each received 60,000 Schilling in compensation.

An application for restitution filed against the City of Vienna by Collection Agency A was rejected by the Supreme Restitution Commission in May 1963 on the grounds that although the City of Vienna owned the property parcels that had been “aryanized” in 1938, their acquisition had borne no relation to the seizure. Therefore, Berthold H. neither regained ownership of his shares of the property parcels which had been seized in 1938, nor did he receive his share in the compensation paid by the City of Vienna in 1958.

In its judicial appraisal of its decision no. 1106/2015, the Arbitration Panel reached the conclusion that the application for restitution of the properties seized in 1938 had never been decided on, nor had Berthold H. received any other compensation for the seized real estate. Therefore, as no prior measure as defined by the Entschädigungsfondsgesetz (“General Settlement Fund Law” – GSF Law) had existed, the Arbitration Panel – with reference to the general purpose of the GSF Law to settle open questions of uncompensated assets – recommended the restitution of the requested property shares.

In rem restitution was not feasible as these property parcels formed part of a municipal residential estate. As a result, following consultations with the City of Vienna the Arbitration Panel commissioned an independent expert to value the areas recommended for restitution. He assessed the value of the property to be 948,000 Euros. Therefore, the Arbitration Panel recommended the City of Vienna to award the applicants a total of 948,000 Euros.

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