English Translation

28 Elements of action of the acquirer ("... to withdraw..."), while the wording of § 2 para. 1 of the Third Restitution Act defines a withdrawal by the objective situation of the seller ("... if ... subjected to political persecution..."). III. Therefore, the Advisory Board first examines whether Jaromir Czernin, within the meaning of the jurisprudence of the reserve commissions, counted among the persons prosecuted within the scope of § 2 para. 1 of the Third Provision Act, so that it could be assumed that the sale is to be regarded as a withdrawal. According to the jurisprudence of the reserve commissions, this circle includes persons who were persecuted by the Nazi authorities as Jews. There is no indication that Jaromir Czernin himself was persecuted from this point of view, nor that he belonged to another systematically persecuted Nazi victim group. On the occasion of the 1939 census, the so-called "Supplementary Map" for Alix Czernin expelled a Jewish grandparents' section, which obviously meant their grandfather Eduard Oppenheim. In the sense of the NS terminology, Alix Czernin was thus regarded as "mixing 2nd degree". According to the jurisprudence of the reserve commissions, however, "mixers 2nd grade" are not to be counted as belonging to the circle of persecuted persons within the meaning of § 2 para. 1 third reserve law. In fact, Grades is not subject to systematic persecution or discrimination comparable to those of people who were classified as "full Jews" or "mixes of 1st degree." The Advisory Board therefore sees no reason to extend the presumption that legal transactions concluded by these persons are to be regarded as withdrawals through the jurisprudence of the reserve commissions. Furthermore, it is not about the legal transactions of Alix Czernin, but about her husband Jaromir Czernine. In addition, it should be noted that Alix Czernin was obviously not indeed classified as a Jewess or "mixing 1st grade," but according to the "complementary card" as a "mixling 2nd grade," because otherwise she would not have been able to marry Jaromir Czernine on 7 May 1938 and again on 27 November 1944. Jaromir Czernin also presented only one status as a "mixer of 2nd grade" in the 1943 divorce proceedings to Alix Czernine's ancestry. Moreover, she was given custody of the joint child after the divorce, which – if she had actually been persecuted – was not