Decision no. 1157/2016

Application

 

Applicant, Status

Gertrude L., Rejection
Monika P., Rejection

Public owner

Land Kärnten

Type of property

immovable

Real estate in

KG Obermühlbach (74519), Frauenstein, Kärnten | show on map

Decision

 

Number

1157/2016

Date

14 Jan 2016

Reason

No seizure as defined by the GSF Law

Type

substantive

Decision in anonymous form

Press release

Press Release Decision No. 1157/2016

Carinthia, Obermühlbach

On 14 January 2016, the Arbitration Panel for In Rem Restitution rejected two applications for in rem restitution of a historical property in Carinthia, some areas of which were owned by the Province of Carinthia on the cut off day, 17 January 2001. The property had not been subjected to a seizure as defined by the Entschädigungsfondsgesetz (“General Settlement Fund Law” – GSF Law).

On 12 March 1938, Engelbert P. owned the F. Estate in Obermühlbach near St. Veit an der Glan.

Between 1938 and 1940 he made unsuccessful attempts to receive state debt relief and have it recognized as a hereditary farming estate. The competent authority did not believe that Engelbert P. was able to duly manage the estate and instructed that it be put under administration in trust. It also ordered the compulsory leasing of property parcels belonging to the estate.

In early 1943 the Deutsche Ansiedlungsgesellschaft (“German Settlement Society”) filed for the commencement of expropriation proceedings for the estate as it intended to provide the land to people being resettled from the Kanaltal. In spring 1943 the expropriation proceedings were opened and the property was transferred into the provisional administration of the German Settlement Society.

In July 1943 Engelbert P. was arrested and deported to Dachau concentration camp as a political prisoner. He was transferred to Buchenwald concentration camp in 1943 where he was murdered in April 1944.

The expropriation proceedings were suspended in April 1945 and the property withdrawn from the German Settlement Society’s administration. The estate of Engelbert P. was devolved to his son in 1948, who sold the property between 1951 and 1955.

Following the examination of the applications for in rem restitution submitted by two of Engelbert P.’s granddaughters, the Arbitration Panel reached the conclusion that the property had not been seized as defined by the GSF Law, as Engelbert P. had remained the owner of the property during the Nazi era. Therefore, the applications had to be rejected.

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