87.  In September, 1999, ALTMANN announced that she would file a lawsuit in Austria to vindicate her claim. However, the government had more in store for her. First, it was necessary to apply for a waiver of the enormous court costs required to bring a lawsuit in Austria.  These court costs are based on the value of the recovery that is sought and in this case would total several million dollars, far beyond what ALTMANN, who still works as a specialty dress supplier at age 84, can afford. 

88. However, in November, 1999, the Austrian court granted ALTMANN and some of the other heirs only a partial waiver, and ruled that they were required to spend approximately $350,000 or all the assets at their disposal – essentially their entire life savings – in order to proceed. The Court ruled as follows:

Given that the statutory rate for a claim valued at 2 billion shillings amounts to about 20 million, it is evident that the demonstrated income and assets of the plaintiffs do not permit them to bear all the expenses themselves. Of course, it is [also] evident from the findings that they must pay the amount set by the statute themselves to the extent they can be required to draw upon their assets.  In particular, there is no reason to spare [the plaintiffs'] savings accounts at the expense of the general public [i.e., the Austrian State].

89.  Not content with even this impossible ruling, in December, 1999 the Austrian government appealed the court’s decision, arguing that the amount Mrs. Altmann and the other heirs should have to pay should include the value of the porcelain and drawings that were finally returned to them, after lengthy bureaucratic delays, in November, 1999.  This appeal was rejected as moot because ALTMAN was unable to file the lawsuit in Austria.