Dispute on Jewish Communal Property Settled in West Germany

An understanding on the position of Jewish communal property in West Germany has been reached here between representatives of the re-established Jewish communities of Germany, on one side, and the so-called successor organizations, on the other, thus ending a long-standing dispute. The successor organizations include: The Jewish Restitution Successor Organization in the American zone; Jewish Trust Corporation in the British zone; and Branche Francaise of the Jewish Trust Corporation in the French zone.

The tentative agreement, which is in the form of recommendations to the parent bodies concerned, is a complex one. It provides for an equal division between the two parties of existing communal property and indemnification claims based on the Nazi destruction of such property. Settlements concluded earlier between the JRSO and communities of the American zone retain their validity.

The successor organizations were formed with Allied approval to recover all heirless Jewish assets, including those of Jewish congregations, institutions and endowments. Money realized from the sale of such assets–generally real estate–has been turned over partly to the Jewish Agency for resettlement purposes and partly to Jewish relief organizations for relief or rehabilitation purposes.

Disputes have arisen where small Jewish communities, re-established after the war, have laid claim to assets of pre-Hitler communities. These contemporary communities tend to view their own financial needs as greater and more pressing than do the successor groups. The JRSO has negotiated settlements with various communities and thus released about $1,000,000 worth of property.

The meeting concluded here this week-end, in contrast to previous meetings, took place in a cordial atmosphere and was marked by a spirit of “give and take.” On one side of the table were officials of the JRSO, JTC and Branche Francaise, as well as representatives of the Jewish Agency and Jewish Distribution Committee. On the other side were the heads of the major German Jewish communities, led by Dr. H, G, Van Dam, secretary general of the Central Council of Jews in Germany, whose recent attendance at the New York meeting of the board of the Conference on Jewish Material Claims Against Germany was instrumental in smoothing the way for the present understanding.

While the general agreement covering all of West Germany must still be ratified by the parent bodies, a final contract was signed between the JRSO and the Frankfurt community, far and away the largest and relatively wealthiest of the communities, which had previously refused to settle. Real estate amounting to approximately $1,000,000 will be shared equally between the two. Property of the pre-Hitler Orthodox Frankfurt Kehilla will devolve upon the JRSO in its entirety.

At present there are only three communities in the United States zone which are still holding out against a settlement. They are the communities of Augsburg, Nuremberg and Fuerth. It is expected that satisfactory settlements will be negotiated with them, thus putting an end to court battles between a community and the JRSO.