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Decisions of the Arbitration Panel
General Information
Background
The property that was taken by the NS regime in Austria included also real estate and movables belonging to the Jewish community. MORE Background
Arbitration Panel for In Rem Restitution
The independent Arbitration Panel for in rem restitution decides upon applications for the return of publicly-owned property pursuant to the General Settlement Fund Law. MORE Arbitration Panel for In Rem Restitution
Processing
Decisions of the Arbitration Panel for In Rem Restitution
The decisions of the Arbitration Panel for In Rem Restitution are published in an online database as well as in the hardback series "Decisions of the Arbitration Panel for In Rem Restitution". MORE Decisions of the Arbitration Panel for In Rem Restitution
Rules of Procedure of the Arbitration Panel for In Rem Restitution
Adopted on 11 April 2002, published in the "Wiener Zeitung" on 23./24. August 2002. Amended on 22 January 2007 and 21 January 2008. Amendments published on 31 January 2007 (21a) and on 2 April 2008 (16a). The amendments are highlighted in italics. MORE Rules of Procedure of the Arbitration Panel for In Rem Restitution
Case Statistics
Statistical list of applications filed with the Arbitration Panel for in rem restitution MORE Case Statistics
Press Releases
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
Legal Norms and Judgements
Constitutional Court - Decision B 783/04-15
Dismissal of a complaint against an award by the Arbitration Panel for in rem restitution pursuant to the General Settlement Fund Law, as the disposition, which merits qualification as a negative recommendation to the responsible Federal Minister, lacks the character of an official decree; civil-law nature of the restitution claim. MORE Constitutional Court - Decision B 783/04-15
Constitutional Court - Decision B 62/05-6, G5/05-6
Dismissal of the complaint against the dismissal of applications for restitution pursuant to the General Settlement Fund Law, as the dispositions of the Arbitration Panel for in rem restitution lack the character of official decrees; dismissal of individual applications for the revocation of provisions in the Habsburg Law and the Foundation and Fund Organization Act in the absence of the claimants' direct and current involvement and/or for lack of anyrelevant disclosures. MORE Constitutional Court - Decision B 62/05-6, G5/05-6
Provincial Governments and Municipal Councils
Apart from the Provinces of Carinthia and Upper Austria, who have passed independent restitution laws, also the Provinces of Burgenland, Lower Austria, Salzburg, Styria, Vorarlberg and the City of Vienna as well as the municipalities of Bad Ischl, Eisenstadt, Grieskirchen, Kittsee, Korneuburg, Mattersburg, Oberwart, Purkersdorf, Rechnitz, Stockerau, Vienna Neudorf and Vöcklabruck have joined the procedure of the Arbitration Panel. Below you can find German full text versions of the respective Opting-In decisions issued by the provincial governments and by the municipal councils. MORE Provincial Governments and Municipal Councils