Trost v Federal Ministry of Finance

CourtAdministrative Court (Austria)
Docket NumberCase No. 140
Date09 r 1952
Austria, Administrative Court.
Case No. 140
Federal Ministry of Finance.

Belligerent Occupation — Respect for Private Property — Damage to Private Property by Armed Forces of Occupant — Compensation Provided by Occupant — Payment of Compensation Effected by Authorities of Occupied Country — Conditions Governing Payment Imposed by Municipal Authorities — Whether Municipal Courts Competent to Determine Legality of Conditions.

The Facts.—The property of the appellant, an Austrian national, was damaged by members of the British army of occupation. The appellant received no compensation but was paid a small sum of money, described as rent, for the use of his property. Subsequently, the British occupation authorities remitted a sum of money to the competent Austrian provincial authority, and the latter informed the appellant that this money would be handed to him on condition that he waived all further claims. The appellant refused to accept this condition, which was upheld by the Ministry of Finance. He now appealed against the decision of the Ministry to the Supreme Administrative Court. It was contended on his behalf that the latter Court was competent to determine the question whether a condition imposed by the Austrian authorities could lawfully be imposed in accordance with Austrian law. On behalf of the Ministry, it was contended that the provincial authority had not acted in the execution of Austrian law but as an agent of the Occupant, and that the Court was therefore not competent to hear the appeal.

Held: that the...

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