English Translation

aE of the contracting parties thus terminated the service relationship as at 31.12.1943. By the way, the statutory notice period at this date would also be complied with (cf. § 16 TO A). With the termination of the service relation - i.e. on 31.12.19 43 - the service dwelling was also to be vacated. Service (natural) dwellings are not covered by the tenant protection because a lease is not available and the transfer of a service dwelling is legally only to be considered as part of the pay. However, even if a lease would be available, the spaces in question would be considered to be in respect of the provision of § 7 of RegVO Coll. No. 248/41 i.d.F. of the RegVO [RegVO] Coll. Thus Elisabeth Reupert was obliged to evacuate the apartment on 31.12.1943, on the other hand he was entitled to use until these days. The fact that she was on leave for the month of December does not render any of this. By letter dated 2 November 1943, the SS-Stand-ort-Verwaltung released the R. "for official reasons with such an effect" from the office as home manager and certified it with fees up to and including 31.12.1943. At the same time "for organizational reasons" the clearance of the rooms in the follow-up home was demanded and as a replacement a cimner was made available at the Hotel Pal-ast. This measure would have been justified only if an important reason for the dismissal without notice (§ 17 ATo) had been found. In this case the employer could have gone to the immediate solution of the service relationship under immediate eviction of the place of employment. If instead he chose the milder form of leave as well as evacuation, this would be legally more reprehensible. However, according to the present documents, whether there was an important reason for the dismissal without notice seems at least doubtful. At the time, only such facts can be considered, which are subject to the agreement on dissolution.