The first chamber of the First Senate of the Federal Constitutional Court decided unanimously not to give a full hearing to the complaint of the IG Farbenindustrie company and others in relation to the restitution of expropriated businesses, on the basis that it lacked any chance of succeeding.
All property of IG Farbenindustrie became subject to the Controlling Council Statute (Kontrollratsgesetz) No.9, which was introduced after the war by the occupying powers, on 8 May 1945. The property in the Soviet Zone in eastern Germany at this time was, in accordance with the German Economic Commission's assessments, made State property. The liquidated company of IG Farbenindustrie requested the restitution of this property, consisting of 17 factories in the former East Germany, on the basis of the Property Statute (Vermögensgesetz). A corresponding complaint had failed in the Administrative Court, as had an appeal to the Federal Administrative Court.
The chamber held the complaint to be of no constitutional significance. From the caselaw of the Federal Constitutional Court (notably decisions of 23 April 1991 and 18 April 1996) it was clear that there were no grounds in the provisions of Art.143 Abs.3 GG, relating to property in the former East Germany, for challenging the constitutional validity of expropriations by the occupying powers, since these were not arbitrary. The view of the Administrative Court that the expropriation was in accordance with Controlling Council Statute No.9, thus legitimately destroying the IG Farbenindustrie as it then existed, was entirely correct.
Press Release no. 56/96
(Order of 28 August 1996 - 1 BvR 283/94) Karlsruhe, 5 September 1996