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Decisions of the Arbitration Panel
Press Release Decision No. 665/2010
Styria, Sankt Michael in Upper Styria On 22 June 2010, the Arbitration Panel for In Rem Restitution rejected a claim for in rem restitution of properties owned by the Republic of Austria in Sankt Michael in Upper Styria. There were no indications that the original owner of the property had been persecuted by the National Socialist regime. MORE Press Release Decision No. 665/2010
Press Release Decision No. 663/2010
Vienna, Fünfhaus and Währing On 22 June 2010, the Arbitration Panel for In Rem Restitution rejected an application for restitution of one half of each of two properties in Vienna-Fünfhaus and Vienna Währing. They had already been restituted to the aggrieved owner in 1948 and 1953. Accordingly, the Arbitration Panel was unable to pronounce a recommendation for a renewed restitution. Moreover, one of the two properties did not meet the requirement of publicly-owned property pursuant to the Entschädigungsfondsgesetz ("General Settlement Fund Law"). MORE Press Release Decision No. 663/2010
Press Release Decision No. 654/2010
Lower Austria, Willendorf On 19 May 2010, the Arbitration Panel for In Rem Restitution recommended the restitution of road areas in Willendorf in the Wachau. In 1938, these areas had belonged to a farm, the owner of which had fled to New Zealand with his family to escape National Socialist persecution. MORE Press Release Decision No. 654/2010
Press Release Decision No. 658/2010
Vienna, Rudolfsheim and others On 19 May 2010, the Arbitration Panel for In Rem Restitution rejected several applications for restitution of a total of eleven properties situated in Vienna, as it was not possible to prove the applicants' eligibility to file an application and moreover, fundamental requirements of the Entschädigungsfondsgesetz ("General Settlement Fund Law") were not met. MORE Press Release Decision No. 658/2010
Press Release Decision No. 634/2010
Vienna, Nußdorf On 21 April 2010, the Arbitration Panel for In Rem Restitution rejected an application for restitution of a property in Vienna, Nußdorf belonging to the City of Vienna. The property had already been the subject of restitution proceedings which had been concluded in 1951 with a settlement. In this settlement, the heirs of the original owner had waived a restitution in exchange for the payment of a sum of money. Pursuant to the Entschädigungsfondsgesetz ("General Settlement Fund Law – GSF Law"), the Arbitration Panel is only permitted to diverge from previous settlements in particular exceptional cases. The Arbitration Panel was unable to find any indications for the existence of such an exceptional case. MORE Press Release Decision No. 634/2010
Press Release Decision No. 643/2010
Vienna, Süßenbrunn On 21 April 2010, the Arbitration Panel for In Rem Restitution recommended the restitution of partial areas of a property belonging to the Bundesimmobiliengesellschaft in Vienna, Floridsdorf. These areas had already been the subject of prior restitution proceedings, however the settlement concluded in 1959 constituted an extreme injustice pursuant to the Entschädigungsfondsgesetz ("General Settlement Fund Law – GSF Law"). MORE Press Release Decision No. 643/2010
Press Release Decision No. 652/2010
Lower Austria, Döllersheim On 21 April 2010, the Arbitration Panel for In Rem Restitution rejected an application for restitution of properties in the vicinity of the Military Training Area Allentsteig and in the locality Döllersheim. The properties were purchased in 1941 during the course of the creation of the military training area by the German Armed Forces. As the sale of the property did not stand in any connection to a political persecution of the former owners by the National Socialists, a property seizure in the meaning of the Entschädigungsfondsgesetz ("General Settlement Fund Law – GSF Law") did not exist. MORE Press Release Decision No. 652/2010
Press Release Decision No. 648/2010
Vienna, Rudolfsheim/Lainz/Leopoldstadt On 21 April 2010, the Arbitration Panel for In Rem Restitution rejected an application for restitution of properties owned by the City of Vienna on the cut off day 17 January 2001 in Vienna, Lainz and Vienna, Rudolfsheim and of a privately owned property in Vienna, Leopoldstadt. With regard to the property in Lainz, the application was to be rejected because it had not belonged to the applicant's family in 1938 and, moreover, had not been seized between 1938 and 1945. The property in Rudolfsheim had been restituted to the aggrieved owners after 1945. Accordingly, the Arbitration Panel was not able to pronounce a renewed recommendation for restitution. The requested property in Leopoldstadt was not publicly-owned on the cut off day; for this reason, the application for restitution had to be rejected. MORE Press Release Decision No. 648/2010
Press Release Decision No. 651/2010
Lower Austria, Markgrafneusiedl On 21 April 2010, the Arbitration Panel for In Rem Restitution rejected an application for the restitution of properties in the cadastral district Markgrafneusiedl. The properties had been acquired by the German Air Force during the course of the creation of the airfield Deutsch-Wagram in 1940. As the sale of the property had not been connected to a political persecution of the former owners by the National Socialists, a property seizure pursuant to the Entschädigungsfondsgesetz ("General Settlement Fund Law – GSF Law") did not exist. Moreover, the heirs of the former owners had received compensation for these properties from the Lower Austrian provincial government in the 1960s. MORE Press Release Decision No. 651/2010
Press Release Decision No. 622/2010
Vienna, Innere Stadt et al. On 25 January 2010, the Arbitration Panel for In Rem Restitution rejected an application for the restitution of several properties in Vienna, Tullnerbach and Klosterneuburg. The majority of the requested properties were not publicly-owned on the cut off day, 17 January 2001. Two publicly-owned properties had already been restituted in the post-war years. MORE Press Release Decision No. 622/2010
Press Release Decision No. 628/2010
Vienna, Innere Stadt On 25 January 2010, the Arbitration Panel for In Rem Restitution rejected an application for restitution of a property in the first municipal district of Vienna owned by the Austrian Federal Railways. The property had already been the subject of restitution proceedings which had been concluded in 1954 with the rejection of the restitution claim. The Arbitration Panel was unable to find any indications that the earlier decision had been "extremely unjust". MORE Press Release Decision No. 628/2010
Press Release Reopening Decision No. 8/2010
Carinthia, Ossiach On 25 January 2010, the Arbitration Panel for In Rem Restitution rejected an application for the reopening of the proceedings for restitution of parts of a property in Ossiach/Carinthia. The applicants were unable to submit new evidence which could have given rise to the reversal of the original decision no. 442/2008. MORE Press Release Reopening Decision No. 8/2010
Press Release Decision No. 602/2009
Vienna, Jedlesee On 14 October 2009, the Arbitration Panel for In Rem Restitution rejected an application for restitution of a property in Vienna, Jedlesee. This property had already been restituted to the heirs of the aggrieved owners in 1951. Accordingly, the Arbitration Panel was unable to pronounce a recommendation for a renewed restitution of the property. MORE Press Release Decision No. 602/2009
Press Release Decision No. 597/2009
Vienna, Döbling On 14 December 2009, the Arbitration Panel for In Rem Restitution rejected an application for restitution of five properties owned by the City of Vienna in Vienna/Döbling. These properties had not been owned by the legal predecessors of the applicants in 1938. MORE Press Release Decision No. 597/2009
Press Release Decision No. 614/2009
Vienna, Ottakring On 14 December 2009, the Arbitration Panel for In Rem Restitution rejected an application for restitution of a property owned by the City of Vienna in Vienna, Ottakring. The property had already been restituted to the collection agencies, a receiving organization for unclaimed property, in 1959. MORE Press Release Decision No. 614/2009
Press Release Decision No. Reopening 7/2009
Vienna, Inzersdorf On 16 September 2009, the Arbitration Panel for In Rem Restitution rejected an application for the reopening of proceedings concerning the restitution of two one-third shares of a property in Vienna, Inzersdorf. In November 2005, in decision no. 25/2005, the Arbitration Panel had positively decided on the restitution of a third of a property belonging to the City of Vienna in Inzersdorf, as this share had never been the subject of prior proceedings. The applications for restitution of the remaining two-thirds had, however, been rejected by the Arbitration Panel, as these claims had already been settled in prior proceedings. The applicants were unable to produce any new documents which would have offered a sufficient basis for a different assessment of the case. MORE Press Release Decision No. Reopening 7/2009
Press Release Decision No. 550a/2009
Vienna, Neubau On 16 September 2009, in supplementation of its decision no. 550/2009, the Arbitration Panel for In Rem Restitution recommended that the applicant be awarded an asset of 1,672,000 Euro. In decision no. 550/2009 the restitution application had already been positively decided with regard to one half of a property owned by the City of Vienna in Vienna, Neubau. As a residential building of the City of Vienna is located on the property, the Arbitration Panel viewed a restitution in rem as impracticable. In such cases, the General Settlement Fund Law provides for the award of a comparable asset. MORE Press Release Decision No. 550a/2009
Press Release Decision No. Re-opening 5/2009
Vienna, Brigittenau On 3 March 2009, the Arbitration Panel for In Rem Restitution rejected a request for the re-opening of proceedings for the restitution of a property in Vienna, Brigittenau. As the property had already been restituted to the former owner in 1948, the Arbitration Panel had rejected the application for restitution in its decision of 11 December 2007. The applicant was not able to provide new evidence which could have lead to a reversal of this decision and the achievement of a different outcome in this matter. MORE Press Release Decision No. Re-opening 5/2009
Press Release Decision No. 508/2008
Vienna, Josefstadt On 26 November 2008, the Arbitration Panel for In Rem Restitution rejected a claim for restitution of a property owned by the City of Vienna in Vienna, Josefstadt. This property had already been restituted to the collection agencies, a receiving organisation for unclaimed property, in 1958. MORE Press Release Decision No. 508/2008
Press Release Decision No. 515/2009
Vienna, Pötzleinsdorf On 20 January 2009, the Arbitration Panel for In Rem Restitution rejected a claim for restitution of two properties owned by the Republic of Austria and several property parcels owned by the City of Vienna in Vienna, Pötzleinsdorf. One property, which was seized in 1941, had already been the object of a restitution settlement in 1950 in which the Arbitration Panel were unable to find any indications of an "extreme injustice". The second property was sold to the City of Vienna in 1938/39 and/or transferred into public property. The Arbitration Panel is convinced that this transaction did not have any causal connection to the persecution of the previous owners. MORE Press Release Decision No. 515/2009
