BWBV0005377
Geldig vanaf 06-09-1955
Artikel 2
Verdrag inzake de regeling van aangelegenheden voortspruitende uit de oorlog en de bezetting
1. Restitution pursuant to Article 1 of this Chapter may be requested from the Federal Government only by the Government of the State from the territory of which the property was removed. The Federal Government may reject a restitution request if such request has already been rejected as not well founded by the appropriate agency of one of the Three Powers, except in a case where evidence which could not previously be presented is adduced.
2. Restitution of jewellery, silverware or antique furniture may only be claimed from the Federal Government if a pertinent request has been lodged with an agency of any of the Three Powers prior to the entry into force of the present Convention. In the case of cultural property, no new claim for restitution may be filed after 8 May 1956. Where, in any particular case, the investigations of the German agency referred to in Article 1 of this Chapter with respect to claimed property have been unsuccessful or where they have not led to the discovery of the claimed property by 8 May 1957, and where further investigations are unlikely to be successful, the agency shall discontinue the proceedings. Such a decision may be appealed from by the party concerned to the Arbitral Commission on Property, Rights and Interests in Germany pursuant to Article 7. If, after such discontinuance, the claimed property is identified, the restitution proceedings may be reopened.
3. Claims filed with an agency of any of the Three Powers and not finally disposed of prior to the entry into force of the present Convention and falling within the scope of the provisions of Article 1 of this Chapter and this Article shall be referred by the Power concerned to the German agency referred to in Article 1. They shall be acted upon by the German agency as though filed directly with it by the claimant Government.
4. Submission of a claim for restitution pursuant to Article 1 of this Chapter on behalf of any person or entity shall preclude such submission pursuant to Article 3; likewise, action for restitution pursuant to Article 3 shall preclude submission of a claim for restitution pursuant to Article 1.
2. Restitution of jewellery, silverware or antique furniture may only be claimed from the Federal Government if a pertinent request has been lodged with an agency of any of the Three Powers prior to the entry into force of the present Convention. In the case of cultural property, no new claim for restitution may be filed after 8 May 1956. Where, in any particular case, the investigations of the German agency referred to in Article 1 of this Chapter with respect to claimed property have been unsuccessful or where they have not led to the discovery of the claimed property by 8 May 1957, and where further investigations are unlikely to be successful, the agency shall discontinue the proceedings. Such a decision may be appealed from by the party concerned to the Arbitral Commission on Property, Rights and Interests in Germany pursuant to Article 7. If, after such discontinuance, the claimed property is identified, the restitution proceedings may be reopened.
3. Claims filed with an agency of any of the Three Powers and not finally disposed of prior to the entry into force of the present Convention and falling within the scope of the provisions of Article 1 of this Chapter and this Article shall be referred by the Power concerned to the German agency referred to in Article 1. They shall be acted upon by the German agency as though filed directly with it by the claimant Government.
4. Submission of a claim for restitution pursuant to Article 1 of this Chapter on behalf of any person or entity shall preclude such submission pursuant to Article 3; likewise, action for restitution pursuant to Article 3 shall preclude submission of a claim for restitution pursuant to Article 1.
- Citeren als
- Art. 2
- Geldig vanaf
- Status
- Geldend recht
- Identificatie
- BWBV0005377
- Officiële bron
- wetten.overheid.nl