Art Law Report

The Gurlitt Counteroffensive Continues: Complaint Filed for Return of Paintings

Posted by Nicholas O'Donnell on February 19, 2014 at 7:12 AM

According to multiple news reports and his attorneys, Cornelius Gurlitt has filed a complaint for the return of the paintings seized in 2012 by the Augsburg prosecutor. Copies are not yet available, but the Gurlitt PR website www.Gurlitt.info" has a release that states as follows (thus far only in German). Stay tuned for developments if and when the document becomes available.

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Topics: Schwabinger Kunstfund, Complaint, Nazi stolen art, Hannes Hartung, Hildebrand Gurlitt, Gurlitt Info, www.Gurlitt.Info, Augsburg, Germany, Tido Park, Gurlitt Collection, Beschwerde, Entartete Kunst, Gurlitt Facts, Beutekunst, Gurlitt, Restitution, Statute of Limitations, World War II, Derek Setz, degenerate art, Staatsanwalt, Strafprozessordnung (StPO) Paragraph 304, Soviet Union, Raubkunst, Verjährung, Münchner Kunstfund

"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

Best Case for Foreign Cultural Exchange Jurisdictional Immunity Clarification Act (S.B. 2212) May Have been Made by its Sponsors

Posted by Nicholas O'Donnell on June 5, 2012 at 5:23 AM

Perhaps lost in the coverage about Senate Bill 2212 (the Art Law Report no less than anyone else) to amend the Foreign Sovereign Immunities Act to preclude claims against defendants whose “commercial activity” is limited to the loan of artwork whose ownership is in dispute, is the case made by the sponsors of the bill themselves, Senators Dianne Feinstein (D, CA) and Orrin Hatch (R, UT).

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Topics: Nazi stolen art, Malewicz v. City of Amsterdam, Dianne Feinstein, Immunity from Seizure, 28 U.S.C. 1605(a)(3), FSIA, SB 2212, Restitution, 22 U.S.C. 2459, Orrin Hatch, Senate Bill 2212, World War II, IFSA, Foreign Sovereign Immunities, Immunity from Seizure Act, Foreign Cultural Exchange Jurisdictional Immunity

Despite Criticism of S.B. 2212’s Proposed Amendment to the FSIA, New Law Would Not Enable Stolen Art

Posted by Nicholas O'Donnell on May 24, 2012 at 6:04 AM

Doreen Carvajal of the New York Times this week addressed Senate Bill 2212, (the “Foreign Cultural Exchange Jurisdictional Immunity Clarification Act”) this week, a bill approved in March by the House of Representatives.

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Topics: Legislation, Russian art embargo, Nazi stolen art, Russia, Foreign Sovereign Immunities Act, 22 U.S.C. § 2459, Christ Carrying the Cross Dragged by a Rogue, Collections, FSIA, SB 2212, Restitution, World War II, IFSA, Foreign Sovereign Immunities, Portrait of Wally, Doreen Carvajal, Immunity from Seizure Act, New York Times, Chabad, Foreign Cultural Exchange Jurisdictional Immunity

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