Decision no. 1106a/2015
Application
Applicant, Status
Gertrude W., Recommendation
Public owner
Type of property
Real estate in
Decision
Number
Date
Reason
Type
Decision in anonymous form
Related decision
Press release
Press Release Decision No. 1106a/2015/2015
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 further inquiries contact: presse@nationalfonds.org