English Translation

27 Significance, StGBl. No. 90/1918, into the property of the federal government and are still in the possession of the federation; 2. Although legally transferred to the property of the Federal Republic of Germany, the subject-matter of a legal transaction or a legal act pursuant to Section 1 of the German Federal Act on the annulment of legal transactions and other legal acts which took place during the German occupation of Austria, BGBl. No. 106/1946, were, and are still in the possession of the federal government; 2a. However, between January 30, 1933 and the 8th, 1933, the Federal Republic of Germany took over the ownership of the federal government. In May 1945, in a territory of the German Reich outside the territory of today's Republic of Austria, the subject matter of a legal transaction or act was legal transactions or acts in accordance with Section 1 of the Federal Law on the nullification of legal transactions and other legal acts which took place during the German occupation of Austria. No. 106/1946, are comparable and are still owned by the Federation; 3. after the completion of reserve proceedings could not be returned to the original owners or their successors on account of death, when irretrievable property was transferred free of charge to the Federation's property and is still in the possession of the Federation. The present facts have to be assessed in concrete terms from the point of view of § 1 sec. 1 Z. 2 (or Z.2a) Art Restitution Act; there is no evidence for an examination according to the other facts. According to Section 1 of the Law on the Restitution of Art, "forfeit or free legal transactions and other legal acts during the German occupation of Austria are null and void if they have been carried out in the course of the political and economic penetration by the German Reich in order to deprive natural or legal persons of their property. According to § 2 nullity law, "the nature of the assertion and the extent of the claims arising from § 1 are regulated by its own federal laws. § 1 nullity act therefore does not contain a basis for recovery, but rather requires an implementing law. These implementing laws include the provisioning laws that have been applied in the above-mentioned procedures, namely the Second Provisioning Act and the Third Provisioning Law. Furthermore, the Advisory Board also understands the Art Restitution Act as – here applicable – the execution law (cf. OJ 1.4.2008, 5 Ob 272/07x). Since there is no separate case law in the absence of direct applicability to the nullity law, the advisory board has often referred to the judicature of the reserve commissions, in particular to the third provision law, when interpreting the concept of withdrawal in the past. The Advisory Board maintains this even if the wording of § 1 of the nullity law states the facts of the withdrawal (of the null and void act or of the invalid act) mainly by the subjective