JURISDICTION

• My parents were deported. Does the CIVS pay compensation for non-economic loss ?

  My parents were deported. Does the CIVS pay compensation for non-economic loss ?

  The CIVS does not have jurisdiction for this type of loss.

  There is compensation that takes into account the concept of non-economic loss. It is the pension for orphans of deported parents instituted by the decree of July 13, 2000 and administered by the Ministry of Defense.

  
  Direction des statuts, des pensions et de la réinsertion sociale
  Bureau des titres et statuts
  BP 552
  14037 Caen Cedex
  France
  Tel.: 00 332 31 38 45 21

  Although the aim of the CIVS is to provide compensation for material losses, this compensation also has a moral and symbolic dimension. Since 1995, the year in which President Jacques Chirac delivered a speech commemorating the Vel’d’Hiv round-up, its goal has been to acknowledge France’s “unremitting debt” toward Jewish Holocaust victims. This pronouncement led to the creation of the Mattéoli Working Party in 1997—the aim of which was to assess the scope of the spoliations that occurred—and then to the creation of the CIVS.

  In addition to this French program, the Fondation pour la Mémoire de la Shoah (Foundation for the Memory of the Holocaust) finances a number of Jewish organizations dedicated to remembrance of the victims as well as research projects in this field.

  Other Jewish organizations that work in this area include the “Passerelles” (Gateways) contact center created by the Fonds Social Juif Unifié (FSJU—United Jewish Welfare Fund). Call-takers share the same story as you. Their toll-free number from France is 0 800 39 45 00.

• What is the Commission’s legal status ?

  What is the Commission’s legal status ?

  The Commission, which comes under the authority of the Prime Minister, is not a court but rather an administrative body.

  It is sovereign and independent.

  This “status” enables the Commission to process claims without difficulty which could not have been re-examined in a court because of the statute of limitations.

  Consult the Regulatory texts.

• What is the jurisdiction of the CIVS ?

  What is the jurisdiction of the CIVS ?

  Refer to the article entitled Jurisdiction.

• Which decrees refer to the compensation of victims of spoliation ?

  Which decrees refer to the compensation of victims of spoliation ?

  Consult the Regulatory texts.

POST-WAR COMPENSATION

• What is the Brüg Act ?

  What is the Brüg Act ?

  This German act provided for compensation for spoliations of furniture, jewelry, precious metals and merchandise committed under the so-called “Action Meubles” measures. These spoliations, which occurred between February 1, 1942 and the end of 1944 in France, Belgium and the Netherlands, involved the transfer to Germany of personal property belonging to Jews.

  Claimants, who could be represented by the Fonds Social Juif Unifié (FSJU—United Jewish Welfare Fund) or by the Comité de Défense des Spoliés (CDS—Committee for the Defense of Victims of Spoliation), had to submit a claim to Berlin. The FSJU was responsible for investigating these claims for France. In June 1959, a simplified procedure was implemented.—The FSJU’s Expert Committee then began to examine each case file in order to demonstrate that the spoliation had occurred under the Action Meubles campaign, check whether compensation had been paid, and calculate the claim amount.

  Two calculation methods were used: “actual value” and, far more often, the payment scale. For furniture contained in an apartment, the compensation amount was calculated based on the number of rooms, the number of people living in the apartment and the building category, or on the amount of the insurance policy. Payment scales also existed for other types of property. The compensation amount could be set by the Expert Committee without using these payment scales if the claimant provided proof and a description of the looted property (list of jewelry, paintings, etc.).

  Those eligible under this new procedure were exempt from having to show proof, as required by federal law, that their property had been transported to West Germany or to Berlin. The German authorities agreed to assume that 80% of the personal property taken from France between January 1942 and August 1944 had been transported there.

  The standards and classifications used for the payment of war damage were adopted for estimating looted property under the Brüg Act. Compensation was therefore paid at 80% of that payment scale, with a deduction of 80% of the sums already collected under the law of October 28, 1946 when such compensation had been paid.

  An exceptional procedure was introduced in 1964. The so-called “special hardships” procedure was aimed in particular at claimants who had abandoned the procedure because of its complexity. However, the replacement value of looted property was limited to not more than 8,000 DM for furniture and 2,000 DM for jewelry and precious metal items. When property had been looted from several members of the same family, this value could be increased by 20% for the spouse and 10% per child under the age of 21. Actual compensation did not exceed two-thirds of the value thus calculated.

• What is the French War Damage Act ?

  What is the French War Damage Act ?

  Law 46-2389 of October 28, 1946 put forth the principle of full compensation for direct material damage caused by acts of war to personal property, real property and business assets.** All victims of events occurring during World War II were eligible for this compensation. These measures therefore benefited both victims of anti-Semitic laws and other war victims. Claims under this act were administered by the Ministry of Reconstruction and Housing (M.R.L.).

  The conditions for compensation of common or family-use personal property depended on supporting documents provided by the claimant. This compensation:

  
  - was equal to the value of the property when the claimant provided proof of this value,
  - was calculated based on the fixed price of each of the looted items when the claimant was able to show evidence of the contents of the spoliation (for example, through personal accounts) yet was unable to provide proof of their value,
  - was calculated based on a fixed payment scale when the victim was unable to show proof of the contents of the property and their value.

  This third valuation method, by far the most common, resulted in a decree of 1953, amended several times, which classified real property into four categories. The compensation amount was later based on the number of rooms in the residence and the number of people living there.

MATERIAL SPOLIATIONS

• How does the CIVS assess the spoliation ?

  How does the CIVS assess the spoliation ?

  The compensation amount is determined based on the loss suffered in light of the living standards at the time, and applies to automobiles, furniture or equipment in a tradesman’s workshop. Compensation is calculated based on the potential replacement cost of the looted items.

• What does the CIVS consider a material spoliation ?

  What does the CIVS consider a material spoliation ?

  The Commission seeks to make an appropriate gesture to victims of spoliation, i.e. to persons (or their heirs) who were deprived of a material (movable or real property) or financial asset as a result of the anti-Semitic legislation adopted during the Occupation by both the occupying power and the Vichy authorities.

RESIDENCES AND CONTENT

• Can I file a claim if my family lost its home in a bombing ?

  Can I file a claim if my family lost its home in a bombing ?

  No, the loss must be related to anti-Semitic legislation, which therefore excludes war damage (e.g. from bombings), requisitioning, consequences of violations of laws pertaining to foreign currency or the movement of cash, or consequences of criminal acts, such as armed holdups, not directly related to application of anti-Semitic legislation.

• Concerning statements related to thefts of jewelry and valuables.

  Concerning statements related to thefts of jewelry and valuables.

  At times, in light of the victims’ wealth and the circumstances in which the spoliation of other property occurred, the Commission agrees to recommend that compensation be awarded, with the amount calculated on the basis of fairness and the documents in the case file.

• What about compensation for valuables items ?

  What about compensation for valuables items ?

  The scales of the BRüG law incorporate a certain percentage for the value of ‘sumptuary goods’ for each housing category, meaning that it is generally not possible to award further compensation for valuable items.

• Housing categories

  Housing categories

  Buildings are classified by reference to the Act of 1948 (for all practical purposes, the Commission generally uses category 3A).

  Concerning the composition of apartments:

  1) In some cases, the kitchen is regarded as a living quarter given the small size of certain apartments and the family composition.

  2) Compensation may not be paid cumulatively for certain rooms used as both living quarters and workshops

• How does the CIVS determine the compensation amount ?

  How does the CIVS determine the compensation amount ?

  The Commission refers to the lump-sum amounts used under the Brüg Act (adjusted to 2001 value) or bases its calculations on an (adjusted) insurance policy in force at the time.

  It may award a supplement to compensation previously paid:

  
  - for war damage, while reserving the right to correct any calculation errors made at the time. The supplemental compensation is then paid in the amount indicated in the payment scales under the Brüg Act.
  - under the Brüg Act, if the full compensation was not paid or in case of a glaring factual error.

  Moreover, despite compensation for war damage and payment made under the Brüg Act, victims or their heirs may still apply for supplemental compensation if the total amount of compensation already received is shown to be less than the proceeds of an insurance policy.

REAL PROPERTY

• What happened to real property that was looted ?

  What happened to real property that was looted ?

  For spoliations of business or non-business real property, the Commission has had to deal with two scenarios:

  1) In most cases, the property was sold by or under pressure from a temporary administrator. In some cases, the selling prices were reduced. Everyone, except for the so-called Jewish population, could purchase them.

  2) To avoid being placed under temporary administration or to flee a situation made difficult by anti-Semitic legislation, some people sold their apartments hastily and at prices far below market value. This sale could be completed through a French notary.

  In both these cases, after the war these sales could be canceled and the property recovered.

  If the property was not returned to its rightful owner, the Commission awards compensation for the loss provided that the spoliation is proven.

COMPENSATION : CLAIMANTS AND HEIRS

• Is it necessary to inform all my family members who may be eligible for compensation ?

  Is it necessary to inform all my family members who may be eligible for compensation ?

  Absolutely. In order to process your case file quickly, make sure that as many heirs as possible are party to the claim (brothers, sisters, cousins, etc.).

• What should be done if the claimant dies before the examination by the Commission ?

  What should be done if the claimant dies before the examination by the Commission ?

  If the claimant dies during the procedure, his or her heirs must inform the Commission in order to take over the case if they express the desire to do so.

• How is compensation divided up for a spouse ?

  How is compensation divided up for a spouse ?

  The Commission refers to the rules and principles governing both inheritance and matrimonial regime.

  However, it agrees to award the entire compensation to the surviving spouse if the children formally waive their right to their share.

• How is compensation divided up if there are several heirs ? ?

  How is compensation divided up if there are several heirs ? ?

  For the sharing of compensation, the CIVS applies the rules of ordinary law: lineal inheritance (without limits) and succession in the collateral line (brothers and sisters, aunts and uncles, nieces and nephews). The CIVS considers the implications of the existence of a general devisee and legatee named in a last will and testament.

• In what cases must I complete or have someone else complete the proxy ?

  In what cases must I complete or have someone else complete the proxy ?

  The Commission handles only one case file per family. You must complete the proxy or proxies if :

  
  - you are represented by a member of your family,
  - you wish to be represented by an organization or association.

• What about children from a second marriage ?

  What about children from a second marriage ?

  The Commission applies the standard rules of succession. The capacity of heir is relatively open.

  This means that if the assets of a parent were looted, the compensation will be divided among his or her heirs, whether they are from a first or second marriage and regardless of their date of birth (before or after the war).

• What is an heir ?

  What is an heir ?

  “Heirs” are direct descendants of victims of spoliation.

  It is sometimes difficult to draw up an exact list of heirs with certainty.

  For this reason, the Commission stipulates in its recommendations that recipients of compensation payments should be personally responsible for sharing the compensation with other heirs who make themselves known.

  It also sets aside the portion of any heirs who have not been party to a claim submitted to it.

INTERNMENTS

• What compensation is paid for valuables left behind in camps in France?

  What compensation is paid for valuables left behind in camps in France?

  With regard to cash left behind by deportees at the time of their internment in camps in France, it is presumed that the valuables that they carried with them were not always accurately inventoried in the police records of searches, when such records existed.

  Based on the work of the Mattéoli Working Party, the Commission assumes that the average value of assets held was 3,000 francs (at that time), which results in a lump-sum payment of €930.

  The internment lump-sum is updated every year according to the evolution of the purchasing power.

WORK-RELATED LOSSES

• How does the Commission assess looted business assets ?

  How does the Commission assess looted business assets ?

  To determine the value of tradesmen’s workshops located in an apartment, it applies a lump sum that may vary according to the size of the workshop (number of machines and other equipment).

  For other businesses, the Commission takes into account information in the case file such as sales revenue, inventories and value of equipment based on the temporary administrators’ reports. It then adjusts the figures contained in these reports since they were taken from statements that were voluntarily under-estimated.

  The Commission also takes into consideration the forced nature of certain sales, which may have been under-valued or completed under specific conditions, as in the case of auctions.

  To determine the value of business assets, the Commission also refers to information contained in standard textbooks such as Fauliot, Ferbos and Francis Lefebvre, and to information provided by trade associations based on data from that period.

• What are the possible limits on this compensation ?

  What are the possible limits on this compensation ?

  The Commission takes into account any post-war resumption of the business, as well as the answers provided in the questionnaire sent by the Reparations Unit headed by Professor Terroine.

  When a business was liquidated as a result of Aryanization and reactivated at the same address under the same trade name, the Commission takes the position that the value of all the items comprising the Aryanized business had not disappeared entirely. The Commission does, however, take into account the capital loss resulting from the looting of a business that the owner sold, in its existing state, at the time of the Liberation.

  The commission does not provide compensation for revenue loss due to spoliation of a business. The Council of State recently confirmed this position (EC 27 March 2015: although, in the case of a business, compensation must allow reparations to be provided for its permanent loss, taking into account all tangible and intangible elements, the revenue loss due to the impossibility of operating the business cannot be likened to a spoliation of assets that qualifies for compensation»).

• What does the CIVS consider a work-related loss ?

  What does the CIVS consider a work-related loss ?

  These are losses related to business, commercial or industrial activities.

• What does the compensation cover ?

  What does the compensation cover ?

  The Commission awards compensation for inventories of merchandise (raw materials and finished products), material and equipment and fixtures seized, damaged or destroyed. It awards compensation for the loss of intangible items (right to renew a lease) when the Aryanization of a business resulted in its liquidation. The Commission also takes into account information contained in statements filed with the Office des Biens et Intérêts Privés (OBIP—Office for Personal Property and Interests) that did not result in compensation.

RESERVED PORTIONS

• How is a reserved portion collected ?

  How is a reserved portion collected ?

  This is an individual process.

  Each recipient must send a written request to the Chairman of the CIVS at :

  
  20, avenue de Ségur -TSA 20718 6 75334
  PARIS CEDEX 07 FRANCE

  The letter must contain the following information:

  
  **- first name, last name and mailing address of the recipient of the portion, **
  - case file number.

  The following documents must be attached:
  **- copy of the claimant’s identification document **
  - copy of the parents’ family record book including the first blank page after the last page containing an entry, if the recipients are not identified.

  A recommendation to allocate the portion is issued upon receipt of the letter.

  Important: no bank information is requested.

  The Prime Minister’s office handles administrative and financial follow-up of case files. The contact information for this office is provided at the end of the recommendation. The office then contacts the claimant for the payment arrangements.

• How long does it take to collect reserved portions ?

  How long does it take to collect reserved portions ?

  Reserved portions are made available at the request of the persons concerned. The heir must make himself or herself known to the Commission by mail or fax. Once the person’s identity and relationship are confirmed, a recommendation to allocate the portion is issued through what is known as a “Chairman ruling alone” procedure. The average time needed to collect a reserved portion is four months.

  In certain complex cases, the rapporteur in charge of the initial investigation sometimes drafts a second report in order for the portions to be released and for the case file to be presented at the session.

• What happens to reserved portions that are not collected ?

  What happens to reserved portions that are not collected ?

  For the time being, uncollected reserved portions are held until the heirs make themselves known.

• What is a reserved portion ?

  What is a reserved portion ?

  Portions of compensation are “reserved” in two cases :

  1) The heirs are clearly established but, for various reasons, have not been party to the claim (at their own will, lack of family contacts, etc.).

  2) The heirs are not known and must make themselves known.

  In order to collect their portion, they must prove their civil status and relationship.

  If the recipient of the reserved portion dies without a proven heir, his or her portion is divided among the other recipients of the compensation.

  Moreover, there is a notice at the end of each recommendation stating that “the claimant should be personally responsible for sharing the compensation with other heirs who make themselves known”.

BANK-RELATED COMPENSATION / THE WASHINGTON AGREEMENT

• What is the Washington Agreement?

  What is the Washington Agreement?

  Organisations such as banks, financial institutions and the Caisse des Dépôts et Consignations (CDC) may have retained sums that were deposited during the Occupation and were not returned once the war ended.

  On 18 January 2001, the French and American governments signed an agreement concerning compensation for spoliations that took place during World War II. This agreement was interpreted and enriched by the signing of four exchanges of diplomatic letters between the two governments and a joint interpretative letter. (create link to official texts)

  Banks and other financial institutions operating in France during this period are bound, by this agreement, to return all sums blocked as a result of anti-Semitic legislation introduced by the Vichy government and the German occupation authorities to the holders of the accounts in question or their heirs. With regard to the ‘unfair forms of wealth accumulation’ that were the norm under the Occupation, therefore, the Washington Agreement makes a significant contribution to compensating Holocaust victims in France whilst also ‘honouring their memory’.

  In the framework of the Agreement, banks are required to fulfil all applications approved by the Commission.

  More specifically, the Agreement provides for the introduction of two funds - the ‘Deposit’ or escrow account (Fund A) and the ‘Fund’ (Fund B). These funds are provided by those banks in possession of amounts that were not returned following the end of World War II.

  
  - The first, known as ‘the Deposit’ or escrow account (Fund A), amounts to fifty million dollars (50,000,000 dollars). It is aimed at providing compensation for accounts that have been located within the archives and is used to supplement certain forms of compensation. Therefore, when bank accounts are identified following archive-based research, compensation corresponding to the adjusted balance of the account(s) in question is paid from this fund.

  
  - The second, known as ‘the Fund’ (Fund B) and amounting to twenty-two million five hundred thousands dollars (22,500,000 dollars) provides lump sum compensation awarded based on a sworn declaration in the event that no account is vouched for in the archives. It is also used in addition to certain forms of compensation.

  With this in mind, in the event that the Commission is unable to establish the existence of a bank account having conducted the necessary research, it may base its actions on credible evidence provided by another party and certified by means of a sworn declaration. This document, to be completed by the claimant, entitles the latter to a lump sum of 1,500 dollars and a second instalment of 1,500 dollars. These sums are deducted from this fund.

  In accordance with the Washington Agreement, applications relating to the ‘Fund’ (Fund B) are no longer accepted since 2 February 2005. However, the Commission continues to process requests for which one or several accounts have been identified. Where appropriate, in such cases, compensation is paid from the ‘Deposit’ (Fund A).

  Furthermore, in accordance with the provisions of the Agreement, Fund B was placed under the supervision of a management committee comprising five members - two appointed by the United States, two by France and one by the lawyers party to the agreements.

  This supervisory board met for the first time on 9 August 2001, when it outlined its responsibilities as the ‘Fund’ (Fund B) supervisory body. Following the depletion of the fund, the board met for the final time on 21 December 2006.

  Fund A automatically replaced Fund B for the purposes of honouring all bank-related claims recommended by the Commission.

  Finally, also in the framework of the Agreement, the banks allocated some 100 million euros to the Fondation pour la Mémoire de la Shoah (‘Foundation for the Memory of the Shoah), which was created in France on 26 December 2000. The latter is one of a number of bodies set up to assist those organisations responsible for providing aid for victims of the Holocaust and any of their heirs that may find themselves in need.

• What is the discount factor for bank-related spoliations?

  What is the discount factor for bank-related spoliations?

  The discount factor for converting 1941 francs into euros was fixed at 0.349 for 2018. This statistical information was provided by the INSEE.

• What is the situation regarding accounts held by the banks Barclays and J.P. Morgan?

  What is the situation regarding accounts held by the banks Barclays and J.P. Morgan?

  The Commission is sometimes required to identify one or several accounts opened with Barclays Bank or J.P. Morgan, both of which are bound by an agreement that is separate from the Washington Agreement. The Commission therefore has no jurisdiction in the matter.

• What is the situation regarding safe-deposit boxes?

  What is the situation regarding safe-deposit boxes?

  The CIVS offers compensation in such cases, just as it does with any other account, provided that there is evidence that they exist, regardless of whether or not they have been visited by the Occupier. Indeed, the German Devisenschutzkommando services were in the habit of opening safe-deposit boxes in search of gold and cash and produced reports for the authorities recording the findings of their investigations.

Cultural personal property and works of art

• Does the CIVS pay compensation for spoliated works of art?

  Does the CIVS pay compensation for spoliated works of art?

  The CIVS offers a number of appropriate solutions regarding the reparation and restitution of or compensation for spoliated cultural works in accordance with the principles of the Washington Conference of 3 December 1998, the Council of Europe’s Resolution 1205 of 5 November 1999 and the Vilnius Declaration of 5 October 2000.

  The Commission rules fairly based on the documents produced, testimonies dating back to the time of the event and the inclusion of the works in question in catalogues raisonnés and inventories ( link to the ‘Cultural Personal Property and works of art’ page).