Art Law Report

Pissarro from Cornelius Gurlitt’s Salzburg Home Returned to Heirs

Posted by Nicholas O'Donnell on May 24, 2017 at 11:29 AM

News Accompanied by Deafening Silence About Ongoing Restitution Policy Failures

The German government announced recently that it had returned an additional work of art found in the Salzburg home of Cornelius Gurlitt in connection with the 2013 revelation of Gurlitt’s trove of art originally in the possession of his late father Hildebrand.  La Seine, vue du Pont-Neuf, au fond le Louvre by Camille Pissarro (1902) has been returned to the heirs of Max Heilbronn, from whom it was taken in 1942 in France.  The accompanying announcement was of a piece with the ongoing fiasco of the Gurlitt affair: a press release touting the personal involvement of Germany’s Minister of Culture Monika Grütters, a self-serving but vague statement about commitments to restitution, and absolutely no explanation or update about what is happening to the hundreds of additional paintings and objects under investigation.  The press release was also sure to mention an upcoming exhibition of Gurlitt collection works later this year.  In sum, the announcement confirms precisely the opposite of its intended effect.

 

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Topics: Guelph Treasure, Cornelius Gurlitt, Germany, Nazi-looted art, Washington Conference Principles, Hildebrand Gurlit, Gurlitt, NS Raubkunst, Kunstmuseum Bern, Monika Grütters, Taskforce Schwabinger Kunstfund, Welfenschatz, Minister of Culture, Gurlitt Taskforce

Gurlitt Bequest to Kunstmuseum Bern is Upheld

Posted by Nicholas O'Donnell on December 15, 2016 at 9:48 AM

Cousin Had Challenged His Capacity to Make a Will Shortly Before 2014 Death

After a two-year legal battle, the Oberlandesgericht in Munich has upheld the dismissal of Uta Werner’s challenge to the will made by Cornelius Gurlitt in 2014 that designated the Kunstmuseum Bern as his heir, including the bequest of his controversial painting collection.  Less than six months after it was revealed in November 2013 that the Bavarian authorities had seized 1,280 objects from his Schwabing home in Munich, Gurlitt wrote a will that designated that his entire collection would go to the Swiss museum.  Barring some extraordinary appeal, the bequest will now be final and the collection will go to Switzerland.  While lifting considerable uncertainty about the fate of the collection as a whole, this development does not address the lack of clarity about the process by which the objects that are suspected of having been looted by the Nazis will be examined or returned.

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Topics: Bayern, Hildebrand Gurlitt, Cornelius Gurlitt, Nazi-looted art in Munich, SZ, Uta Werner, Nazi-looted art, Oberlandesgericht, Munich, Sueddeutsche Zeitung, Gurlitt, NS Raubkunst, Catrin Lorch, Free State of Bavaria, Kunstmuseum Bern, Washington Principles, Jörg Häntzschel, Bürgerliches Gesetzbuch (BGB)

Heirs of Nazi-Persecuted Art Dealer Alfred Flechtheim Sue Bavarian Museums

Posted by Nicholas O'Donnell on December 6, 2016 at 11:20 AM

Paintings by Beckmann, Gris and Klee Valued at Nearly $20 Million That Once Belonged to Flechtheim Are at Issue in New York Lawsuit

Sullivan & Worcester LLP has filed suit against Bavaria and its state museums in U.S. District Court in Manhattan on behalf of our clients Dr. Michael Hulton and Mrs. Penny Hulton, heirs to the renowned and persecuted Jewish art dealer Alfred Flechtheim.  The Hultons have asked the United States District Court for the Southern District of New York to restitute several paintings by Max Beckmann, Paul Klee, and Juan Gris that are now in the possession of the German federal state of Bavaria, Adolf Hitler’s and the Nazi party’s homeland, and its Bavarian State Paintings Collections (known in German as the Bayerische Staatsgemäldesammlungen, or BSGS).  We are aided in this case by our co-counsel Markus Stoetzel and Mel Urbach, Esq.

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Topics: Frankfurter Allgemeine Zeitung, Cornelius Gurlitt, Deutschlandradio. Deutsche Presse Agentur, Monuments Men, Nazi-looted art, Foreign Sovereign Immunities Act, Max Beckmann, Markus Stoetzel, Mel Urbach, Paul Klee, FSIA, Gurlitt, NS Raubkunst, Restitution, Bavaria, Sullivan & Worcester LLP, World War II, Alfred Flechteim, Bayerische Staatsgemäldesammlungen, Dr. Michael Hulton, Juan Gris, George Grosz

Changes to Limbach Commission Announced, Real Change Now Seems Out of Reach

Posted by Nicholas O'Donnell on November 15, 2016 at 10:43 AM

Three New Members Are Added but German Museums Can Still Decline to Participate

After nearly a year of hinting at changes the Advisory Commission in Germany that makes recommendations to state museums on claims for allegedly Nazi-looted works in their collections (“Beratende Kommission im Zusammenhang mit der Rückgabe NS-verfolgungsbedingt entzogener Kulturgüter, insbesondere aus jüdischem Besitz,” or “Advisory Commission on the return of cultural property seized as a result of Nazi persecution, especially Jewish property”), the federal government announced last week the addition of three new members.  Yet despite public outcry over the outdated and opaque procedures of the commission (better known as the Limbach Commission, in reference to the late Jutta Limbach, presiding member and former judge of the Constitutional Court), none of the fundamental flaws in the panel have been confronted or addressed.  Instead, the occasion has served as little more than another photo opportunity for federal Minister of Culture Monika Grütters, whose visage dutifully accompanies all the recent announcements.

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Topics: Legislation, Frankfurter Allgemeine Zeitung, Stefan Koldehoff, Beratende Kommission, Gurlitt, NS Raubkunst, Restitution, Bavarian State Paintings Collection, Looted Art, World War II, Süddeutsche Zeitung, Monika Grütters, Limbach Commission, Bayerische Staatsgemäldesammlungen, Raphael Gross, Gary Smith, Marion Eckart-Hofer, Simon Dubnow Institute, American Academy in Berlin, Rudiger Mahlo, Jewish Claims Conference

Restitution Claims Resolved in New York and Cologne, New Case Filed Against Germany

Posted by Nicholas O'Donnell on September 29, 2016 at 11:51 AM

Word came this week of two resolutions of claims to Nazi-looted art in museums in New York and Cologne, and a new Nazi-looted claim against Germany filed in Washington.  Barely a month after the Neue Galerie (of Austrian and German art) in New York announced that it had discovered a “major work” in its collection had a clouded history, the museum announced an agreement concerning the Karl Schmitt-Rotloff painting Nude (1914).  It is not known if the Schmitt-Rotloff is the same work to which the museum referred last month.  Around the same time, the Wallraff-Richartz-Museum in Cologne, Germany, announced that it had agreed to return a drawing by Adolf Menzel that had been sold to Hildebrand Gurlitt as its owners fled Nazi Germany in the 1930s.  Blick über die Dächer von Schandau (View over the rooves of Schandau) (1886) will be retuned to the heirs of Hamburg attorney Albert Martin Wolffson and his daughter Elsa Helene Cohen.  These settlements are examples of constructive dialogue and enlightened treatment of the historical fact.  The new litigation likely means the opposite approach from the German defendants.

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Topics: Cologne, Schwabinger Kunstfund, Breslau, Gurlitt Task Force, Germany, Wallraf-Richartz Museum, Nazi-looted art, 28 U.S.C. 1605(a)(3), Gurlitt, David Toren, Neue Galerie, Ernst Ludwig Kirchner, New York, Karl Schmitt-Rotloff, Alfred and Tekla Hess, Streen Scene in Berlin, Adolf Menzel, Strassenzene

More of the Same—Latest Limbach Commission “Reform” is Anything But

Posted by Nicholas O'Donnell on August 11, 2016 at 11:33 AM

Supposed Changes to German Advisory Commission on Nazi Looted Art Short on Specifics

There have been a number of articles this week indicating that Germany intends to reform the “Advisory Commission on the return of cultural property seized as a result of Nazi persecution, especially Jewish property” (Beratende Kommission im Zusammenhang mit der Rückgabe NS-verfolgungsbedingt entzogener Kulturgüter, insbesondere aus jüdischem Besitz) that is charged with making recommendations to German museums on claims for art allegedly looted or bought under duress during the Nazi era.  Yet the most astonishing part of the news is that it is no news at all.  It is merely a repetition—if that—of what was promised in March.  Only now it is not even a promise, it is an indication that proposals may be forthcoming at some indefinite point in the future.  It is further evidence that the entire endeavor does not deserve to be taken seriously.  At best, the “reforms” would address some of the appalling discriminatory comments made earlier this year.  But nothing proposed so far would compel a museum to submit to the commission, about which Bavaria in particular—the federal state that isin the midst of its own scandal for returning art to actual Nazis while giving heirs the runaround—notoriously refuses even to appear before the commission

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Topics: Alfred Flechtheim, Germany, Nazi-looted art, Advisory Commission, Gurlitt, NS Raubkunst, Restitution, Bavaria, World War II, Limbach Commission

Another Bombshell in Munich—Bavarian Government Sold Looted Art to Nazi Families

Posted by Nicholas O'Donnell on June 26, 2016 at 4:49 PM

Works returned by Monuments Men to Bavaria for restitution to victims instead sold to Nazis’ families

Journalists Catrin Lorch Jörg Häntzschel published this weekend an explosive revelation in Sueddeutsche Zeitung entitled “the Munich Looted Art Bazaar,” reporting on the work of the Commission for Looted Art in Europe (CLAE): the government of Bavaria sold artworks returned to it after World War II by the famed Monuments Men that were supposed to be restituted to the victims of Nazi looting.  Not only was the art given back to the German state on the explicit condition that it be restituted to the victims of Nazi art plunder, in some cases it was literally returned to the families of Nazi officials, such as Emmy Goering (Hermann’s daughter) and Henriette von Schirach rather than to the victims themselves.  Less than a month after the Federal Republic of Germany’s toxic and revisionist reply brief in the Welfenschatz case (which argued, among other things, that individual claimants cannot sue because the U.S. policy was this national level restitution), the ramifications are far reaching for Germany’s self-professed adherence to the Washington Conference Principles on Nazi Looted Art of 1998.  While the specific artwork in question may be less significant than most of the works found in Cornelius Gurlitt’s apartment four years ago, the revelation is in many ways much, much worse.  The CLAE scholarship that lead to this schocking development cannot be praised enough. 

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Topics: Monuments Men, Nazi-looted art, Munich, Gurlitt, NS Raubkunst, Restitution, World War II

Potemkin Village Deferred—Planned Exhibition of Gurlitt Trove is Postponed

Posted by Nicholas O'Donnell on April 21, 2016 at 1:07 PM

Germany has apparently decided to postpone its ill-conceived plans to exhibit the hundreds of works of art that it still holds from the trove seized from the late Cornelius Gurlitt. This decision was announced as a date was set to hear the latest stage of the challenge brought by Gurlitt’s cousin Uta Werner to the will that Gurlitt wrote in the last weeks of his life, leaving the entire collection to the Kunstmuseum Bern. As the Gurlitt fiasco trudges through its fourth year, this move is emblematic of the too little too late approach that has characterized the entire affair.

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Topics: Schwabinger Kunstfund, Nazi-looted art, Gurlitt, Restitution, World War II, Task Force, Kunstmuseum Bern, Monika Grütters, Raubkunst

Live from the Oscars! German Cultural Ministry Disparages Possible Inclusion of Jewish Member on Advisory Commission

Posted by Nicholas O'Donnell on March 3, 2016 at 11:10 AM
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Topics: Ronald S. Lauder, Guelph Treasure, Gurlitt Task Force, Germany, Nazi-looted art, Gurlitt, Restitution, Monika Grütters, Raubkunst, Limbach Commission

Court-Solicited Opinion Reportedly Concludes That Gurlitt Was Competent To Make Will

Posted by Nicholas O'Donnell on December 22, 2015 at 9:08 AM

On the heels of the most recent restitution recommendation, there is more Gurlitt news. In October we discussed news that a Munich court had requested an expert opinion from a psychologist about whether Cornelius Gurlitt was competent to make the 2014 will that named the Kunstmuseum Bern as his sole heir—in particular to the roughly 1,400 works of art in his possession in Munich and Salzburg under suspicion of Nazi looting connections—to the exclusion of his relatives. Procedurally, the court is considering the appeal by Gurlitt's relatives of the denial by a lower court of their will contest.

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Topics: Gurlitt case, Gurlitt, Nazi art

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