Decision no. 1151a/2016

Application

 

Applicant, Status

Christopher C. A., Recommendation
Richard A. A., Recommendation
Robert B. R., Recommendation

Public owner

Republik Österreich
Stadt Wien
Marktgemeinde Wiener Neudorf

Type of property

immovable

Real estate in

KG Wiener Neudorf (16128), Wiener Neudorf, Niederösterreich | show on map
KG Mödling (16119), Mödling, Niederösterreich | show on map
KG Sechshaus (01307), Wien, Wien | show on map
KG Meidling (01305), Wien, Wien | show on map
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Decision

 

Number

1151a/2016

Date

15 Mar 2016

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. 1151a/2016

Vienna, Meidling

On 15 March 2016, in supplementation of its decision no. 1151/2015, the Arbitration Panel for In Rem Restitution recommended that the applicants be awarded an asset of 3,280 euros. In decision no. 1151/2015 the applications for in rem restitution of areas of land that were owned by the Republic of Austria on the cut off day were granted on their merits. As the areas in question form part of a road, in rem restitution was not possible.

Anton R. was a partner in the A. Brauerei (OHG), a limited commercial partnership brewery in Lower Austria. In February 1938 the partners in the brewery sold the company to the Ö. Brau AG, a brewing corporation. In addition, an arrangement was reached whereby it was agreed that Anton R. would sell the real estate and inventory belonging to the company on behalf of the Ö. Brau AG.

Following the Anschluss of Austria to the German Reich Anton R. was deemed Jewish pursuant to the Nuremberg Laws of 1935. He managed to flee to Switzerland and emigrated to the USA in 1939.

Subsequently a large number of the A. Brauerei’s properties were sold. Several of these properties were subject of a purchase contract concluded in 1938; other properties that were sold on were not covered by this purchase contract and were in many cases sold on by a trustee appointed by the Property Transaction Office.

In their applications filed in 2003 the applicants, a son and the grandchildren of Anton R., requested the in rem restitution of several properties.

On 17 January 2001, two areas totalling 6 m² were owned by the Republic of Austria (Federal Roads Administration).

The Arbitration Panel ruled that these areas had been subject of a seizure. As they had been publicly-owned on 17 January 2001 and there had been no prior measure dealing with them pursuant to Sec. 32 of the Entschädigungsfondsgesetz (“GSF Law”), the applications filed by Anton R.’s legal successors were granted on their merits.

As the areas to be restituted now form part of a road, in rem restitution is not feasible. For this reason, following consultations with the Federal Minister for Transport, Innovation and Technology the Arbitration Panel obtained a report by an independent expert on the market value of the areas of land recommended for restitution. In this report the area in question was valued at 3,280 euros. Therefore, the Republic of Austria was recommended to pay the applicants or, in eventu, their legal successors a total of 3,280 euros.

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