Art Law Report

One Year After Gurlitt Revelation, No One is Pleased

Posted by Nicholas O'Donnell on November 5, 2014 at 8:59 AM

It has now been one year since Focus magazine in Germany broke the Cornelius Gurlitt story on November 3, 2013. Looking back at the history of the case as it has unfolded since then, the overriding theme has been difficulty in obtaining accurate information about the current state of affairs. The appointed Task Force has made only two recommendations, and the status of the bequest to the Kunstmuseum Bern is still up in the air. And nobody seems remotely pleased.

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Topics: Focus, Schwabinger Kunstfund, Hildebrand Gurlitt, Cornelius Gurlitt, Drefsden, Gurlitt Task Force, Nazi-looted art, Gurlitt Collection, Foreign Sovereign Immunities Act, Lex Gurlitt, Entartete Kunst, Salzburg, Bundesrat, Restitution, Der Spiegel, World War II, Foreign Sovereign Immunities, Switzerland, degenerate art, Kunstmuseum Bern, verschollene Kunst, Münchner Kunstfund, Ronald Lauder

Glass Half Full or Half Empty? Detailed Report Published on Worldwide Efforts to Restitute Nazi-Looted Art Since the 1998 Washington Conference

Posted by Nicholas O'Donnell on September 11, 2014 at 6:35 AM

After the 1998 Washington Conference on Holocaust Era Assets and the eponymous Washington Conference Principles on Nazi-Stolen Art that came out of it, it is hardly surprising that a recurring theme has been to assess the progress of those nations that participated and signed on. Equally unsurprisingly, those assessments are usually more anecdotal than empirical, and usually arise out of a particular case or cases in the context of that country’s response.

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Topics: Graham Bowley, Macedonia, Netherlands, Terezin Declaration, Mussolini, Latvia, Dr. Wesley A. Fisher, Hungary, ICOM, Bulgaria, Commission for the Compensation of Victims of Spol, Germany, Bavarian Minister of Culture, Nazi-looted art, Die Welt, Belarus, Lex Gurlitt, Washington Conference on Holocaust Era Assets, France, Dr. Ruth Weinberger, Romania, Baron Mor Lipot Herzog, Winfried Bausbeck, Belgium, Slovakia, Vichy, World Jewish Restitution Organization, Bundesrat, Washington Conference Principles on Nazi-Stolen Ar, Gurlitt, WJRO, NS Raubkunst, Restitution, International Council of Museums, Norway, United States, Luxembourg, Looted Art, World War II, St. Petersburg, Poland, beschlagnahmte Kunst, Ukraine, Austria, Serbia, Conference on Jewish Material Claims Against Germa, Italy, Bosnia, New York Times, Monika Grütters, Slovenia, Estonia, Museum and Politics Conference, National Gallery, Museum of Fine Arts, entzogogene Kunst, Czech Republic

"Gurlitt Facts" Website Posted as Part of Public Relations Offensive, Arguments Strain Credulity

Posted by Nicholas O'Donnell on February 18, 2014 at 5:40 AM

Cornelius Gurlitt’s legal team has posted a new website called "Gurlitt Info" in similar (but not identical) German and English versions that is so contradicted by the repeated disclosures by the German government, that it is hard to imagine its intended purpose. As a public relations move, it is a disaster. The tactic may explain why the Augsburg prosecutor rejected the possibility of a deal with Gurlitt: he knows what he is dealing with. At the same time, the draft amendment to the statute of limitations, the Cultural Property Restitution Law (or "Lex Gurlitt," as it has somewhat misleadingly become known) is now formally before the Bundesrat for consideration as to whether to introduce the draft to the full Bundestag and possible enactment as the law of Germany. Bavarian Cultural Minister Winfried Bausbeck discusses the law here in a recent interview.

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Topics: Cultural Property Restitution Law, Schwabinger Kunstfund, Bayern, Nazi stolen art, Hannes Hartung, Hildebrand Gurlitt, Gurlitt Info, Führermuseum, Germany, Gurlitt Collection, Lex Gurlitt, Red Army, Entartete Kunst, Winfried Bausbeck, Gurlitt Facts, Beutekunst, Salzburg, Bundestag, Bundesrat, Gurlitt, Restitution, Statute of Limitations, Augusburg, Bavaria, Linz, Der Spiegel, World War II, Task Force, degenerate art, Cultural Minister, Austria, Justizminister, www.lostart.de, Soviet Union, Washington Principles, Raubkunst, Verjährung, Kulturgut-Rückwehr-Gesetz, Münchner Kunstfund

Bavaria Proposes Cultural Property Restitution Act, Heads to Berlin for Federal Approval

Posted by Nicholas O'Donnell on January 8, 2014 at 7:24 AM

As reported yesterday, the government of Bavaria has moved ahead with a proposal to amend the statute of limitations over art claims like those arising out of the Gurlitt find in Schwabing/Munich. The “Draft law for the exclusion of limitations on claims for misappropriated cultural property, particularly from the Nazi era (Cultural Property Restitution Law)” would bar the assertion of a statute of limitations where the current possessor does not hold the property in good faith. The draft is now publicly available, here (albeit in German). The proposal is not limited to Bavaria, rather, it is for consideration by Germany’s federal; parliament in Berlin (first the upper chamber, or Bundesrat, followed by the Bundestag).

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Topics: Berlin, Ministerin für Justiz und Kultur, Cultural Property Restitution Law, veschollene Kunst, Schwabinger Kunstfund, Cornelius Gurlitt, Gurlitt Task Force, Fall Gurlitt, Gurlitt Collection, Kulturgut, Entartete Kunst, Declaration of the Federal Government the Länder a, Munich, Beutekunst, Schwabing, Bundestag, Bundesrat, Bavaria, Kulturgut-Rückgewähr-Gesetz, degenerate art, Freistaat Bayern, Justizminister, München, Raubkunst, Verjährung, Winfried Bausback

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