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Volume 6 of the series Decisions of the Arbitration Panel

Frequently Asked Questions about Events Surrounding the Restitution of the Fürth Sanatorium

Following several media reports relating to the restitution of the former Fürth Sanatorium at Schmidgasse 14, in Vienna's Josefstadt District, and the criminal proceedings against Stephan Templ, the Arbitration Panel has provided answers to some of the questions which have frequently arisen in this context. more...

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Press Release Decision No. 977a/2014

Burgenland, Frauenkirchen On 14 May 2014, the Arbitration Panel for In Rem Restitution supplemented its decision no. 977/2013 of 11 December 2013 and recommended the Municipality of Frauenkirchen to award the applicants a sum of 4,539.33 Euro. In decision no. 977/2013, their application for in rem restitution of 120 m² of land in Frauenkirchen town center owned by the Municipality of Frauenkirchen was granted. As 118 m² of this area forms part of a public road and 2 m² has since come under private ownership, a genuine restitution is not practical. In such cases the Entschädigungsfondsgesetz ("General Settlement Fund Law" – GSF Law) provides for a comparable asset to be awarded. more...

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Press Release Decision No. 1057/2014

Vienna and Lower Austria On 14 May 2014, the Arbitration Panel for In Rem Restitution rejected an application for in rem restitution of several properties in Vienna and Lower Austria. One property, a partial area of which was owned by the City of Vienna, had been seized from the previous owners under National Socialism and restituted in 1948. With regard to the remaining properties, they were either not under public ownership or the applicant was not the legal successor of the previous owners. more...

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Press Release Decision No. 1052/2014

Vienna, Gaudenzdorf On 14 May 2014, the Arbitration Panel for In Rem Restitution rejected an application for in rem restitution of properties belonging to the City of Vienna in Vienna, Gaudenzdorf. The properties had already been restituted in 1945. more...

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Press Release Decision No. 1037/2014

Lower Austria, Allentsteig On 14 May 2014, the Arbitration Panel for In Rem Restitution rejected an application for in rem restitution of four former properties, the areas of which are situated in the grounds of the Allentsteig military training area. The properties had been purchased by the German Armed Forces during the course of the construction of the Döllersheim military training area. The former owners had not been subjected to political persecution by the National Socialist regime. more...

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Press Release Decision No. 1035/2014

Vienna, Alsergrund On 14 May 2014, the Arbitration Panel for In Rem Restitution rejected an application for in rem restitution of a property in Vienna, in the cadastral district (KG) Alsergrund. The 633 m² property, on which a tenanted apartment building was situated, had had to be sold by the Jewish owners – among them the grandfather of the applicant – for 186,000 Schilling. In 1951 a settlement was reached in which the restitution claimants waived restitution of the property in exchange for a payment of 90,000 Schilling and the assumption of legal costs of 10,000 Schilling. On 17 January 2001 the property was owned by the City of Vienna. The Arbitration Panel did not consider the settlement to constitute an extreme injustice in accordance with the Entschädigungsfondsgesetz ("General Settlement Fund Law" – GSF Law). more...

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Press Release Decision No. 1000/2014

Burgenland, Gattendorf On 14 May 2014, the Arbitration Panel for In Rem Restitution rejected an application for in rem restitution of properties in Gattendorf, Burgenland. The properties had been forfeited to the German Reich in 1941 on the basis of discriminatory legislation. After the war, the original owners and their heirs had once again been able to freely dispose over the properties with the exception of one partial area which the Deutsche Reichsbahn had requisitioned during the National Socialist era. However, this did not occur in conjunction with the persecution of the former owners. As such, this did not constitute a seizure of assets as defined by the Entschädigungsfondsgesetz ("General Settlement Fund Law" – GSF Law). more...

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Press Release Decision No. 1034/2014

Leoben, Judendorf On 6 March 2014, the Arbitration Panel for In Rem Restitution granted two applications for in rem restitution of a partial area of a historical property parcel in Leoben, cadastral district ("KG) Judendorf on their merits. As in rem restitution is not possible, the Arbitration Panel will set the amount of a comparable asset in a supplementary decision. The applications for in rem restitution of two partial areas of the historical property parcel in Leoben, Judendorf were rejected as the partial areas had not constituted publicly-owned property on the cut off day. Furthermore, an application for in rem restitution of another property in Leoben, KG Judendorf was rejected as this property had not been publicly-owned on 17 January 2001 either. more...

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Press Release Decision No. 1033/2014

Vienna, Döbling On 6 March 1914, the Arbitration Panel for In Rem Restitution rejected an application for in rem restitution of a historical property in Vienna, Döbling as it had already been restituted in 1951. more...

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Press Release Decision No. 1006/2013

Vienna, Innere Stadt and Hernals On 11 December 2013, the Arbitration Panel for In Rem Restitution rejected an application for in rem restitution of three properties in Vienna. The two properties in Hernals had not been publicly-owned on 17 January 2001 and the property in the Innere Stadt, which was used as the headquarters of the Gestapo ("Secret State Police") Head Office Vienna from 1938 to 1945, had not been owned by the legal predecessor of the applicant. more...

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Press Release Decision No. 1005/2013

Lower Austria, Kottingbrunn and Klosterneuburg and Vienna, Dornbach On 11 December 2013, the Arbitration Panel for In Rem Restitution recommended the in rem restitution of a property parcel in Kottingbrunn, which forms part of the Südautobahn and is owned by the Republic of Austria, as it assessed a settlement reached in 1957 regarding this property to be "extremely unjust". The applications for in rem restitution of other properties in Kottingbrunn were rejected as the properties had already been restituted in the 1950s or were the subject of settlements which were not assessed to be "extremely unjust". The applications for in rem restitution of two properties in Vienna, Dornbach and Klosterneuburg were rejected as they were not publicly-owned on the cut off day, 17 January 2001. more...

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Press Release Decision No. 977/2013

Burgenland, Frauenkirchen On 11 December 2013, the Arbitration Panel for In Rem Restitution recommended the in rem restitution of a property in Frauenkirchen, Burgenland. In 1938 the property, whose owner was murdered in Auschwitz, formed part of the Jewish Quarter of Frauenkirchen and was acquired by the Municipality of Frauenkirchen in 1943. more...

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Press Release Decision No. 961a/2013

Lower Austria, Sommerein On 11 December 2013, the Arbitration Panel for In Rem Restitution supplemented its decision of 25 June 2013, no. 961/2013 and recommended the Republic of Austria to award to the applicant a sum of 8,000 Euro. In the first decision, his application for in rem restitution of a partial area of 2,870 m² in Sommerein, Lower Austria, was granted. As this area forms part of a military training area, an in rem restitution is not practical. In such cases the Entschädigungsfondsgesetz ("General Settlement Fund Law" – GSF Law) provides for the award of a comparable asset. more...

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Press Release Decision No. 872a/2013

Schwechat, Lower Austria On 11 December 2013, in supplementation of its decision 872/2012, the Arbitration Panel for In Rem Restitution recommended that the applicants each be awarded an asset of 92,400 Euros. In decision no. 872/2012, the application for restitution of a one half share of properties owned by the Municipality of Schwechat had, in part, been granted. As several of the property parcels in question are currently designated public traffic areas, the Arbitration Panel did not consider in rem restitution of these areas to be practical. In such cases, the Entschädigungsfondsgesetz ("General Settlement Fund Law" – GSF Law) provides for the award of a comparable asset. more...

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Press Release Decision No. 976/2013

Lower Austria, Bruck an der Leitha On 24 September 2013, the Arbitration Panel for In Rem Restitution rejected the applications for in rem restitution of partial areas of several properties in Bruck an der Leitha owned by the Republic of Austria, ÖBB-Infrastruktur AG because the legal predecessors of the applicants had not owned them. more...

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Press Release Decision No. 974/2013

Vienna, Baden et al. On 24 September 2013, the Arbitration Panel for In Rem Restitution rejected two applications for restitution of properties in Vienna and Lower Austria. Firstly, the applicants were not legal successors of the previous owner and, secondly, the other four properties requested did not constitute public property as defined by the Entschädigungsfondsgesetz ("General Settlement Fund Law" – GSF Law). In addition, a partial area of the properties which were owned by the Republic of Austria on 17 January 2001 had already been restituted in 1948. more...

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Press Release Decision No. 961/2013

Lower Austria, Sommerein On 25 June 2013, the Arbitration Panel for In Rem Restitution recommended the restitution of a ca. 2,900 m² area of land from the tank training area Götzendorf (Municipality of Sommerein, Lower Austria), owned by the Republic of Austria. This area had already been the subject of restitution proceedings in the 1950s, in which the application of the heir of the original owner had been rejected. As the sale of the property in 1939 had, however, constituted a persecution-related seizure, the Arbitration Panel was able to pronounce a recommendation by taking into account the goal of the Entschädigungsfondsgesetz ("General Settlement Fund Law" – GSF Law), the settlement of open questions of compensation. more...

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Press Release Decision No. 960/2013

Vienna, Heiligenstadt et al. On 25 June 2013, the Arbitration Panel for In Rem Restitution rejected an application for restitution of properties situated in Vienna. On the one hand, the applicant is not legal successor of the original owner of four of the requested properties, on the other hand, four other requested properties were not owned by the legal predecessors of the applicant in 1938. more...

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Press Release Decision No. 939/2013

Lower Austria, Immendorf On 25 June 2013, the Arbitration Panel for In Rem Restitution rejected an application for restitution of properties situated in Immendorf, District of Hollabrunn. The properties were sold in 1938/1939. Part of these properties had already been restituted in 1948 and 1952 and did not constitute publicly-owned property as defined by the Entschädigungsfondsgesetz ("General Settlement Fund Law" – GSF Law). The application for a partial area of these properties, which was owned by the Republic of Austria on 17 January 2001, had to be rejected as it was filed after the expiry of the application deadline. more...

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Press Release Decision No. 938/2013

Vienna, Mariahilf On 25 June 2013, the Arbitration Panel for In Rem Restitution dismissed an application for restitution of 3/8 shares of each of two historical properties in Vienna, Mariahilf, as the application had been submitted after the expiry of the application deadline. more...

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