Decision Number 737a/2011
Applicant(s)
- Phyllis J. R., Recommendation
- Elizabeth A. D., Recommendation
Cadastral District, Province
- Sommerein (Lower Austria)
Date of Decision: 2011-09-30
Type: substantive
Category of Assets: immovable
Related Decision(s)
Summary
On 30 September 2011, the Arbitration Panel for In Rem Restitution supplemented its decision of 2 March 2011, no. 737/2011, and recommended the Province of Lower Austria to pay two applicants the sum of 2,100 Euros each. In the first decision, the applicants' claim for restitution of a partial area of land belonging to the Province of Lower Austria in Sommerein, Lower Austria, was decided positively. As this area – the dimensions of which were determined by the Lower Austrian provincial government to be 182 m² – forms part of a street, a restitution in rem is not practical. In such cases, the Entschädigungsfondsgesetz ("General Settlement Fund Law" – GSF Law) stipulates that a comparable asset be awarded.