Practice Relating to Rule 150. Reparation
Section C. Forms of reparation other than compensation
In 2001, Austria adopted the General Settlement Fund Law (which was later amended) which provides: “An Arbitration Panel for the examination of applications for in rem
restitution of publicly-owned property shall be established with the fund.”
The Law further provides:
(1) Persons and associations who/which were persecuted by the National Socialist regime on political grounds, on grounds of origin, religion, sexual orientation, or of physical or mental handicap, or of accusations of so-called asociality, or who left the country to escape such persecution, and who suffered losses or damages as a result of or in connection with events having occurred on the territory of the present-day Republic of Austria during the National Socialist era shall be eligible to file an application.
(2) In addition … heirs of eligible claimants as defined in Paragraph 1 shall also be eligible to file an application. In case of a defunct association, an association which the Arbitration Panel regards as the legal successor shall be entitled to file an application as well.
As to restitutable publicly-owned property, the Law provides:
(1) For the purposes of in rem restitution, the notion of “publicly-owned property” shall cover … real estate (land) and buildings (superstructures) …
(2) For the purposes of in rem
restitution to Jewish communal organizations, the notion “publicly-owned property” shall furthermore cover tangible movable property, particularly cultural and religious items.