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Les mesures de restitution de biens juifs en Autriche de 1945 à nos jours
In: Revue d'Allemagne et des pays de langue allemande, Volume 34, Issue 2, p. 175-197
Post-World War II Austria enacted a detailed scheme of measures for the restitution of mostly Jewish property confiscated after the National Socialist take-over of power in Austria in March 1938. These measures involved both in rem restitution legislation, such as the Third Restitution Law, as well as legislation providing for compensation to victims and to victims organisations in the case of heirless property. A general awareness that these measures did not fully compensate all victims, coupled with class actions in the US and other developments, has led Austria to reconsider her past legislative action. In 2001 Austria entered into a bilateral agreement with the US providing for the establishment of a General Settlement Fund from which a whole range of Holocaust victims which have not yet been indemnified will receive compensation. This solution is intended to end the Holocaust litigation before American courts. At the same time it is an effort to undo past wrongs and to close the gaps in past restitution legislation.