1946: Restitution Acts

In Austria, the responsibility for the Nazi crimes and – associated to this – an obligation to pay compensation were basically seen as an issue of the German Reich. As a state invaded by the German Reich – as defined in the Moscow Declaration – Austria would have no responsibility whatsoever in this regard. This already indicates the main problem with restitution. Thus, in the spring of 1946, decisions were made in favour of the principle of restitution in kind – so that only what was available could be returned. Eventually, in total, there were seven restitution acts.

The First Restitution Act was enacted in July 1946. It, however, covered only confiscated property that had been revoked by a sovereign process and was currently in state hands. The Second Restitution Act was enacted in February 1947; it standardized the retransfer of confiscated assets that had fallen to the Republic because of the National Socialist Law or the War Crimes Act. On the same day, the National Assembly enacted the Third Restitution Act, which was crucial for Nazi victims and the most political controversial one of the acts. It created the legal foundation for the restitution of assets which had been removed from private entities, such as property, for example. Restitution Acts four to seven regulated restitution to legal entities or concerning industrial property rights, company names, and unfulfilled claims arising out of employment. The short application deadlines were repeatedly extended.

For the victims of National Socialism who survived and wanted to have their stolen goods returned in order to get by financially, the process of restitution was exceptionally difficult to navigate. Access was easier in the Federal Republic of Germany, where, in principle, two laws regulated restitution and compensation.

External Resources (in German only):

War Crimes Act:

https://www.ris.bka.gv.at/Dokumente/BgblPdf/1945_32_0/1945_32_0.pdf

National Socialist Law:

https://www.ris.bka.gv.at/Dokumente/BgblPdf/1947_25_0/1947_25_0.pdf