Art Law Report

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

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