Supreme Restitution Court

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The Supreme Restitution Court (ORG) was an international court which, as the highest appellate instance , decided on disputes in applications for the restitution of identifiable property that had been confiscated from an owner under political duress between January 30, 1933 and May 8, 1945. It existed from 1955 to 1990 and was initially based in Herford ⊙ and from 1984 to 1990 in Munich ⊙ .

history

In 1949 a restitution court was set up in each of the three western occupation zones : in the American occupation zone the Court of Restitutional Appeals (CORA) based in Nuremberg , in the British occupation zone the Board of Review (BOR) in Herford ⊙ and in the French occupation zone the Cour Supérieure pour les restitutions (CSR) in Rastatt . The Herford court was only set up under pressure from the other victorious powers. The first presiding judge in Herford was RH Parker , who was the director of property control in the British zone of occupation and was heavily involved in the development of the restitution law for the British zone.

In December 1955, the courts of the three zones of occupation were combined as an international court to form the Supreme Restitution Court with its seat in Herford, which was relocated to Munich in 1984. The Supreme Restitution Court for Berlin , established by Law No. 25 of the Allied Commandantur Berlin of April 25, 1953, remained in existence because of the special position of Berlin.

In December 1990, the restitution courts in Munich and Berlin were dissolved and responsibilities shifted to the Federal Court of Justice . The files from Berlin, Herford and Munich are now in the Public Record Office in London and in the Federal Archives.

organization

The ORG in Herford was formed from the President of the Court, the Presidium and three Senates with five judges each (one Senate President, two judges of the power concerned and two German judges). The administration of the court was subordinate to the Federal Minister of Justice . The last president of the ORG before it was transferred to the BGH was the Swedish judge Gunnar Lagergren .

Initially, the 1st Senate continued to have its seat in Rastatt, the 2nd Senate in Herford and the 3rd Senate in Nuremberg. On July 1, 1961, the 3rd Senate, with effect from April 1, 1968, the 1st Senate was also moved to Herford.

See also

Decision collections

  • Decisions of the Supreme Restitution Court for the British Zone (ObREG BrZ), 1954/1955.
  • Selected Supreme Restitution Court Decisions, Second Senate , 1956–1971.

Further decisions are printed in the magazine Jurisprudence on the Right to Restitution (RzW).

literature

  • Thorsten Kurtz: The Supreme Restitution Court in Herford: An investigation into the history, establishment and establishment of an international appeal court in Germany. Walter de Gruyter, 2014, ISBN 978-3-11-031675-9 .
  • Edward A. Marsden: The Supreme Restitution Court in Herford. In: Friedrich Biella et al. (Ed.): The Federal Restitution Act. ( The reparation of National Socialist injustice by the Federal Republic of Germany. Volume 2). Beck, Munich 1981, ISBN 3-406-03666-X , p. 611 ff
  • Hermann, Hans-Joachim: Handbook of the international civil procedure law. Max Planck Institute for Foreign and International Private Law, Volume 1, Tübingen. Mohr, 1982. (Digitized at Google Books)
  • Transfer of the supreme restitution courts to the BGH. In: New legal weekly. (NJW), 1991, issue 30, p. 1875.

Individual evidence

  1. ^ Jürgen Lillteicher : The restitution of Jewish property in West Germany after the Second World War: a study of persecution experience, the rule of law and politics of the past 1945–1971. Dissertation . Freiburg (Breisgau) 2002, p. 95. (PDF; 3.3 MB)
  2. ^ Hans-Joachim Hermann: Handbook of the international civil procedure law. Max Planck Institute for Foreign and International Private Law, Volume 1, Mohr, Tübingen 1982, pp. 87–89. (Digitized at Google Books)
  3. ^ Announcement about the relocation of the seat of the Supreme Restitution Court from Herford to Munich. December 29, 1984, In: BGBl. 1985 II p. 95
  4. ^ A b Susanne Meinl, Jutta Zwilling: Legalized Robbery - The Plundering of Jews in National Socialism by the Reich Finance Administration in Hesse. Campus Verlag, Frankfurt am Main 2004, p. 530, 712. (Digitized at Google Books)
  5. ↑ § 1 of the law on transferring the jurisdiction of the Supreme Restitution Courts to the Federal Supreme Court of December 17, 1990 (Federal Law Gazette I, 2847 [2862]; the law was promulgated as Article 9 of the Law on the Administration of Justice and Simplification of December 17, 1990) ; see also NJW 1991, 1875.
  6. ↑ Legalized robbery: the plundering of Jews under National Socialism by the Reich Finance Administration in Hesse / Susanne Meinl; Jutta Zwilling. - Inventory overview of the Federal Archives, accessed on May 25, 2012
  7. ^ NJW 1991, 1875.
  8. ↑ Announcement on the relocation of the Third Senate of the Supreme Restitution Court from Nuremberg to Herford from June 1, 1961, Federal Law Gazette II, 1961, 564.
  9. ^ Announcement about the relocation of the First Senate of the Supreme Restitution Court from Rastatt to Herford. In: BGBl. II, February 13, 1968, 108.