Art Law Report

Stephan Templ, Chronicler of Nazi Looting in Vienna, Set to Begin Jail Term Over Supposed Omission in His Mother’s Holocaust Restitution Claim

Posted by Nicholas O'Donnell on September 29, 2015 at 10:03 AM

As I prepare for a trip to Vienna for next week’s International Bar Association Annual Meeting, there is some topical restitution news, but it is hardly good. The imminent incarceration of Stephan Templ, a journalist and historian, for the omission of another relative from his mother’s application for Holocaust compensation, is as bizarre as it is disheartening. One hopes that a pardon, his last available recourse, will soon be forthcoming.

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Topics: Maria Altmann, Reibpartie, Robert Amsterdam, Portrait of Adele Bloch-Bauer, Der Standard, Stephan Templ, Nazi Looting, Scrubbing Parties, Ringstrasse, Ambassador Manz, Museum of Modern Art, Holocaust, Beethoven Frieze, Lothar Furth, Unser Wien: “Arisierung” auf österreichisch, Heinz Fischer, Restitution, Elisabeth Kretschmer, National Fund of the Republic of Austria for Victi, Egon Schiele, World War II, Eva Blimlinger, Portrait of Wally, Austria, The Missing Image, Natural History Museum, Ruth Beckermann, Gustav Klimt, Albertinaplatz, Our Vienna: “Aryanization” Austrian Style, Kurt Hankiewicz, Vienna, Anschluss, Baldur von Schirach, Limbach Commission, International Bar Association, Tina Walzer

Austrian Committee Recommends Against Restitution of Klimt Beethoven Frieze

Posted by Nicholas O'Donnell on March 9, 2015 at 7:16 AM

As expected, the Austria’s Advisory Committee (Der Beirat gemäß § 3 des Bundesgesetzes über die Rückgabe von Kunstgegenständen aus den Österreichischen Bundesmuseen und Sammlungen, BGBl. I Nr. 181/1998 i.d.F. BGBl. I Nr. 117/2009, (Kunstrückgabegesetz)) issued a decision on Friday with respect to the Lederer family’s claim to the famous Beethoven Frieze. In a lengthy opinion, the Committee recommended against restitution, prompting widespread speculation about what the claimants would do next. The mural is installed at Vienna's iconic Secession Museum (my photograph of the museum exterior, taken today, is below), and is one of the icons of fin-de-siècle Vienna.

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Topics: Guelph Treasure, Kunstrückgabebeirat, Galerie St. Etienne, Strasbourg, European Court of Human Rights, Marc Weber, Beethoven Frieze, Beethovenfries, Restitution, Jane Kallir, World War II, Foreign Sovereign Immunities, Der Beirat gemäß § 3 des Bundesgesetzes über die R, Lanter Rechtsanwälte, Secession Museum, Gustav Klimt, (Kunstrückgabegesetz), Vienna

Development May be Coming Soon In Klimt Beethoven Frieze Case

Posted by Nicholas O'Donnell on March 4, 2015 at 8:27 AM

Der Standard in Austria reported this week that a recommendation is expected on Friday in the claim by the heirs of Erich Lederer to the famous Klimt Beethoven Frieze in the Secession Museum in Vienna. The issue in this case is not a Nazi-era theft per se, but the effect of Austria’s post-war restitution law, which returned ownership to the Lederer family (it was looted from Erich Lederer under the Nazi) but forbade export, leading to a sale. The Lederer family has argued that that amounts to a second taking. As I made no secret last week with regard to Germany’s intended National Cultural Property Designation for the Welfenschatz that my clients have sued to recover, this kind of export prohibition is now recognized for what it is: an effort to hinder restitution. The same kind of claim was made against the Leopold Museum in Vienna for Portrait of Wally, namely, the allegation that the post-war sale was not valid under the circumstances because of the export prohibition. That case settled in 2010, the painting remains in Vienna.

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Topics: BGBl. I Nr. 181/1998 i.d.F. BGBl. I Nr. 117/2009, Erich Lederer, London, sales under duress, Nazi-looted art, Beethoven Frieze, Jugendstil, Restitution, Austrian Cultural Ministry, World War II, Leopold Collection, Switzerland, Secession Building, Der Beirat gemäß § 3 des Bundesgesetzes über die R, Portrait of Wally, Austria, 14th Secession Exhibition, Wiener Secessionsgebäude, Zürich, Gustav Klimt, (Kunstrückgabegesetz), Vienna, Anschluss, Dr. Rudolf Leopold, Leopold Museum, Limbach Commission, New York, Beethoven’s Ninth Symphony

Austria Restitution Advisory Commission Defers Klimt Beethoven Frieze Decision, No Reasons Given

Posted by Nicholas O'Donnell on December 4, 2014 at 10:40 AM

There was a curious non-development today in Austria concerning the dispute over Gustav Klimt’s famed “Beethoven Frieze” located in the Secession Building in Vienna. At issue is whether a post-war sale by Jewish survivors to Austria of a famous painting that the law of the time did not allow to be exported can be considered a sale under duress and justify restitution.

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Topics: Erich Lederer, London, sales under duress, Nazi-looted art, Beethoven Frieze, Germany’s Limbach Commission, Jugendstil, Restitution, Austrian Cultural Ministry, World War II, Leopold Collection, Switzerland, Gesamtkunstwerk, Secession Building, Der Beirat gemäß § 3 des Bundesgesetzes über die R, Portrait of Wally, Austria, 14th Secession Exhibition, Museums, Wiener Secessionsgebäude, Zürich, Gustav Klimt, (Kunstrückgabegesetz), Vienna, Anschluss, Dr. Rudolf Leopold, New York, Beethoven’s Ninth Symphony

Dispute Over "Portrait of Amalie Zuckerkandl" on Loan to National Gallery—Calls for Restitution Put International Respect for Final Judicial Awards, Other Claims, at Risk

Posted by Nicholas O'Donnell on October 30, 2013 at 7:09 AM

A recent loan to the National Gallery in London has grabbed headlines discussing the history of the painting, Portrait of Amalie Zuckerkandl, by Gustav Klimt, surrounding World War II and the persecution of Jews in Austria. Somewhat puzzlingly, the coverage has downplayed the fact that that very painting was already the subjective of an exhaustive proceeding in Austria that denied restitution, a decision reviewed and affirmed by the Austrian Supreme Court (though, apparently, also the subject of more recent requests for reconsideration). Should a claim for restitution or seizure be filed while the painting is outside Austria, in the UK or the US, it could have a troubling effect on respect for final judgments, as well as unintended consequences for restitution claimants who may find their judgments collaterally attacked elsewhere. As difficult as it may seem, the painting cannot be disturbed without putting a great deal more at risk.

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Topics: Maria Altmann, Portrait of Adele Bloch-Bauer, Jonathan Jones, National Gallery London, the Guardian, Vita Künstler, Dr. Erich Führer, Beethoven Frieze, Belvedere, the United Nations Convention on the Recognition a, Jugendstil, Portrait of Amalie Zuckerkandl, Hermine Müller-Hofmann, Amalie Zuckerkandl, Restitution, Neue Galerie, World War II, Foreign Sovereign Immunities, Facing the Modern: The Portrait in Vienna in 1900, Kokoschka, Secession, Secession Museum, Austria, Ferdinand Bloch-Bauer, Fin de siècle, Gustav Klimt, Vienna, Anschluss, UNCITRAL

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