U.S. Court in Germany Holds Reich Responsible for Return of Nazi-confiscated Property

The U.S. Court of Restitution Appeals in Germany today ruled that people who have been deprived of their property under the Nazi regime may obtain a judgment against the German Reich for restitution.

The decision was handed down in a case involving a restitution claim for the recovery of a mortgage on certain Frankfurt real estate confiscated by the Nazi regime. The claim was filed by a Jewish woman, Mrs. Martha Kaufman, who now resides in Scotland and her two children, Mrs. Margot W. Goldsmith and Dr. Erich G. Kaufman.

In holding the German Reich liable for this claim, the U.S. court did not specify the legal successor to Hitler’s government as to liability for its debts since the question was not raised. However, it emphasized that the German nation never ceased to exist despite unconditional surrender and four-power occupation.

Jewish leaders here consider the decision of the American court as highly important in view of the fact that a substantial proportion of individual Jewish restitution claims as well as claims presented by the Jewish Restitution Successor Organization runs into millions of dollars. These claims involve confiscation made by the Nazis, in the name of the German Reich, of bank accounts, mortgages and other assets held by Jews under the Nazi regime.