First Regulation implementing the Federal restitution law (1. DV-BRüG)

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1. DV-BRüG

Date of completion: 14.05.1965

Full quote:

" First Regulation implementing the Bundesrückerrefund Act of 14 May 1965 (BGBl. 420), as last amended by Article 4 (11) of the Law of 22 September 2005 (BGBl). 2809). "

Status:

Directive as last amended by Article 4 (11) of the Law of the European Union. 9.2005 I 2809

For more details, please refer to the menu under Notes

Footnote

Heading: This V does not apply in Saarland

(+ + + Text proof applicable: 1.1.1966 + + +) Unofficial table of contents

Input formula

Pursuant to Section 29b (2) and Section 44a (1) sentence 2, Section 5 of the Federal Law on the settlement of restitution law funds of the German Reich and equivalent entities (Bundesrückerrefund gesetz-BRüG) of 19 July 1957 (Bundesgesetzbl. 734), as last amended by the Law of 2 October 1964 (Bundesgesetzbl. 809), the Federal Government decrees with the consent of the Federal Council:

I.
Deprivation of household goods in the formerly occupied West Territories

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§ 1

In the sense of Section 29b (1) and 44a (1) of the Federal Republic of Germany (BRüG), the area at that time shall be deemed to be an educational area.

1.

of the military commander in France,

2.

of the commander in the southern part of France,

3.

of the military commander in Belgium and northern France,

4.

of the Reich Commissioner for the Occupied Territories of the Netherlands,

5.

the chief of the civil administration in Alsace,

6.

the head of the civil administration in Lorraine.

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§ 2

(1) General measures within the meaning of Section 29b (1) and Section 44a (1) of the Federal Republic of Germany for the predominant transfer of household goods into the relevant territory pursuant to § 5 of the Federal Republic of Germany have been taken for the areas referred to in § 1 (1) to (4) by the Service West of the Reich Minister for the Occupied Eastern Territories-so-called M-(Furniture) Action. This also includes deformations by other services of the Reich as the office of the West, provided that the house council has been moved from the occupied territory in the framework of the M-action. (2) On the basis of general measures within the meaning of § 29b (1) and § 44a Para. 1 of the Federal Republic of Germany (BRüG) is primarily governed by the relevant territory pursuant to § 5 of the Federal Republic of Germany (BRüG), which is withdrawn by the head of the civil administration in the areas referred to in § 1 (5) and (6) and verifiably to the acquiring German acquirer (private persons or services). Unofficial table of contents

§ 3

(1) As the beginning of the withdrawal period within the meaning of Section 29b (2) and 44a (1) of the Federal Republic of Germany (BRüG), consideration shall be given to:

1.

for the measures referred to in Article 2 (1)

a)

in the areas referred to in sections 1, 1, 3 and 4 of 1 January 1942,

b)

in the area of 11 November 1942 referred to in § 1 (2);

2.

for the measures referred to in Article 2 (2)

a)

in the area of 13 July 1940 referred to in Article 1 (5),

b)

in the area of 6 November 1940 referred to in § 1 (6).

(2) The end of the withdrawal period shall be determined after the day on which the place of withdrawal has been vacated by the German occupying power.

II.
Withdrawal of jewellery and precious metal objects in the areas formerly occupied or classified

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§ 4

As occupied or classified areas within the meaning of Section 29b (1) and section 44a (1) of the Federal Republic of Germany (BRüG)

1.

the territories referred to in Article 1,

2.

the General Governor of 1 August 1941 and the Eastern Territories, including the Free City of Gdańsk,

3.

the Reichskommissariate Ostland and Ukraine as well as the district Bialystok,

4.

the Protectorate of Bohemia and Moravia,

5.

the area of the military commander in Serbia,

6.

the Kingdom of Italy,

7.

the Kingdom of Greece.

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§ 5

(1) General measures within the meaning of Section 29b (1) and Section 44a (1) of the Federal Republic of Germany for the predominant movement of unsoaked jewellery and precious metal objects-except for use silver-have been taken into the relevant territory in accordance with § 5 of the Federal Republic of Germany Withdrawal

1.

by the services of the SS, the Security Police and the SD for the areas referred to in § 1 (1) to (4), (4) (2) to (7),

2.

by the foreign exchange protection commands for the areas referred to in § 1 (1) to (4),

3.

by the "liquidator of the assets in the field of military commander in France" (Niedermeyer service) for the area referred to in § 1 (1),

4.

by services of the SS in the concentration camps Mauthausen and Natzweiler.

(2) General measures referred to in paragraph 1 shall also be provided where the withdrawal is effected by means other than those referred to in paragraph 1 of the Reich, but the confiscation of jewellery and precious metal objects by one of the provisions of paragraph 1 (3) Paragraph 1 No 1 shall not apply to the removal or delivery of jewellery and precious metal objects in the Theresienstadt concentration camp. Unofficial table of contents

§ 6

As a withdrawal period within the meaning of Section 29b (2) and 44a (1) of the Federal Republic of Germany (BRüG), consideration shall be given to:

1.

in the case of the measures referred to in Article 5 (1) (1), (2) and (4), the time of the occupation of the apportionment site in question by the German occupying power, but only from 8 September 1943 in respect of the area referred to in § 4 (6);

2.

in the case of the measures referred to in Article 5 (1) (3), the period from 1 July 1941 to 17 August 1944.

III.
Procedure

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§ 7

The Federal Office for Central Services and Open Property Issues is responsible for the receipt of applications for the granting of a hardship compensation pursuant to Section 44a (5) BRüG and for the decision on this issue. Unofficial table of contents

§ 8

Applications for the granting of a hardship compensation pursuant to Section 44a of the Federal Republic of Germany (BRüG) must be received by the authority referred to in § 7 by 23 May 1966. However, in so far as the applications relate to deformations in the area referred to in Article 4 (7), the application deadline shall not end until 1 January 1967.

IV.
Final provisions

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§ 9

(1) This Regulation shall apply in accordance with Section 14 of the Third Transfer Act of 4 January 1952 (Bundesgesetzbl. I p. 1) in conjunction with Article III of the Third Law amending the Bundesrückerrefund Act of 2 October 1964 (Bundesgesetzbl. 809) also in the Land of Berlin. (2) This Regulation does not apply in the Saarland. Unofficial table of contents

§ 10

This Regulation shall enter into force on the day following the date of delivery.