Compensation/Restitution Eastern Europe

Poland

There is currently no legislation governing the restitution of private property. In March 2001, the Polish parliament approved a law for the restitution of private property. However, the right to file a claim was limited to those persons who had Polish citizenship as of Dec. 31, 1999. The law was subsequently vetoed by the President of Poland.

In a speech in 2002, the Polish Prime Minister indicated that any new legislation would not discriminate on the basis of citizenship or residency. American government officials and the World Jewish Restitution Organization continue to follow this issue closely.

The "Eastern Territories (Bug River) Law" became effective in October 2006 and established a claims process providing compensation for the loss of private property in what - before the war - was the eastern region of Poland, but is now outside its borders.The law requires Polish citizenship to claim, provides 20 percent compensation of a property’s current market value, to be paid in four installments, not starting until 2009.

Pursuing Court Claims

In the absence of restitution legislation that might allow for collective negotiations for property return or payment, some people have elected to pursue individual property restitution claims. As such, they have begun applying to the Polish courts, and bringing private lawsuits before the appropriate tribunals. The Polish government has so far rejected the validity of any class-action lawsuit filed in the United States for the return of property seized from Polish Jews during or after World War II.

Because of the difficult procedures for the restitution of property in Eastern Europe, it is advisable to obtain legal counsel. In addition to a number of private attorneys who provide legal services in this area, the United Restitution Organization in Israel may provide legal assistance for a minimal fee in certain property claims in Poland and Romania.

United Restitution Organization
18 Gruzenberg Street, POB 25159
Tel Aviv 65811, Israel
Tel: (972-3) 517-0202
Fax: (972-3) 517-0655

Demanding compensation for his family’s manufacturing company that was stolen by the Nazis and subsequently taken over by the Polish government, a Holocaust survivor, Mr. Henryk Pikielny, has filed a case against Poland with the European Court on Human Rights. The case is a major step in a broader campaign by Holocaust survivors and victims’ heirs to urge Poland to finally enact fair restitution legislation for private property that Jews were forced to surrender during World War II.

The New York Legal Assistance Group (NYLAG) is bringing Mr. Pikielny’s case before the European Court on Human Rights, through its Holocaust Compensation Assistance Project. The Holocaust Compensation Assistance Project is funded by the Conference on Jewish Material Claims Against Germany and UJA-Federation of New York Information about the case and Polish restitution efforts are at www.polishrestitution.com

The Polish Bank Accounts List: CLOSED TO CLAIMS. Deadline was July 13, 2005

In 1960 and 1975 Switzerland returned to Poland dormant bank accounts and some insurance policies belonging to Polish citizens from the Holocaust period. The Polish Ministry of Finance has offered to return the money to owners or heirs. For additional information, contact the Property Department at the Polish Ministry of Finance:

Ministerstwie Finanscow ? Departament Spraw Majatkowych
pokoj nr 3130 lub 3128
ul. Swietokrzyska 12
00-916 Warszawa
Tel: 694-46-42, or 694-30-03

A list of these bank account holders was published by the Claims Resolution Tribunal (CRT) of Switzerland.

Please send all correspondence related to the claims process to:
Claims Resolution Tribunal
P.O. Box 9564
8036 Zurich
Switzerland
E-mail: questions@crt.ch
Toll-Free Phone Numbers:
U.S. 1-866-461-2142
Elsewhere: +800-012-30-456

Communal Property

In 2001, the Foundation for the Preservation of Jewish Heritage in Poland ("Foundation") The Foundation for the Preservation of Jewish Heritage in Poland was formed as a partnership between WJRO and the Union of Jewish Religious Communities in Poland (JRCP). The Foundation was authorized to file claims for properties located in districts without an active Jewish presence.

The Foundation has filed 3,519 communal property claims, and the various local Jewish communities have filed 2,205. However, four years after the 2002 claims deadline, less than 20 percent of the claims filed have been resolved.

WJRO Position Paper on Property Restitution in Poland [PDF]

The information presented herein is intended for information purposes only and solely as a general guide.The information is not intended as legal advice. It is a summary of specific issues and does not represent a definitive or complete statement of the programs and policies of the agencies or governments mentioned. The information may not address the special needs, interests and circumstances of individual recipients. Individual situations differ and recipients are urged to seek individual advice.Individuals seeking specific information on a program are urged to contact the relevant program or to consult their social service agency or help center representative. To the best of our knowledge the information is correct as of the date of this document and this information may change subsequent to the said date.
Updated June 15, 2008.

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Compensation/Restitution Eastern Europe

Poland