published: 03.10.2013, 13:58 | updated: 03.10.2013 13:59:16
Mikulov - The Regional Court in Brno dismissed today the appeal by Mercedes Dietrichstein who claims the return of family property in the Breclav vicinity in south Moravia that was confiscated from her father based on Benes decrees in 1945.
Three years ago, the Breclav district court dismissed the claim.
The Benes decrees were issued by then Czechoslovak president Edvard Benes shortly after World War Two. They provided for the confiscation of the property of collaborators, traitors, ethnic Germans and Hungarians, except for those who themselves suffered under the Nazis. They also formed a basis for the transfer of the former from Czechoslovakia.
The Czechoslovak state confiscated Alexandr Dietrichstein´s property immediately after World War Two, arguing with his membership of the Henlein Sudeten German Party (SdP).
He took no active steps against the property confiscation.
At the district court, the state attorney did not challenge the authenticity of Alexandr Dietrichstein´s SdP membership application but Mercedes Dietrichstein´s lawyer proposed this today. The court dismissed further proving, however.
"If then legal means did not challenge Benes´s decrees, this cannot be done today, 70 years later," judge Libor Danhel said.
The Dietrichsteins were one of the most important noble families in Moravia for several centuries.
Mercedes Dietrichstein, whose father died in 1964, lives in Argentina. She has pointed her complaint against seven public institutions that administer the buildings or manage the land concerned.
Dietrichstein has filed another complaint in which she claims the return of property. It claims the return of the family vault in Mikulov, south Moravia, six buildings and about 200 pieces of land. This case will also be dealt with by the Breclav court. The proceedings are to start in November.
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