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German Federal Government Wants Gurlitt Collection Made Public, Some May Have Come to U.S., More Art Seized in Stuttgart, Cornelius Gurlitt Spotted in Munich After Bizarre Request for Anonymity

Posted by Nicholas O'Donnell on November 11, 2013 at 5:55 AM

The fire hose of Gurlitt collection information continues unabated. For stellar reporting keep track of Bloomberg and the Wall Street Journal in English, the FAZ and Der Spiegel in German. We’ll continue to track the legal fallout of the facts as the journalists continue to uncover them.

As we expected, the German federal government is ramping up pressure on Bavarian prosecutors in the Gurlitt collection investigation to make public the list of the works found. Although the Wall Street Journal underscored today that the Bavarians (led by investigator Reinhard Nemetz) continue to view this as a tax case about which they are forbidden to release any details, the national government has rightly seen this as an embarrassment for German that needs a proactive solution, and fast. Der Spiegel’s lead story today quotes Steffan Seibert, Angela Merkel’s spokesman, as saying that a list should be published immediately, reconciling the public interests and the interests of justice.

One should expect this pressure to continue from Berlin, but it will be interesting to see what happens if a tug-of-war develops. Just as in the United States, the federal government may not necessarily make it so (for a parallel, imagine a controversial tax investigation in Texas, about which the federal government demanded that the Texas state government do something in particular). But it’s hard to image that Merkel, or Germany, will let decades of hard-won repair to their international reputation be damaged by a prolonged controversy.

Further complicating this German federalist question was the report of seizure by police in Stuttgart of twenty-two works from the apartment of the brother in law of Cornelius Gurlitt, apparently at the request of that brother in law. Stuttgart, of course, is not in Bavaria but in Baden-Württemberg.

The WSJ also reported that some of the works in question may have traveled to the United States in 1956, which could bring the U.S. courts into play if there is no political solution to the situation, and restitution claims become an issue.

Back in Munich itself, the French magazine Paris Match reported that Cornelius Gurlitt himself was spotted shopping over the weekend near the apartment where the artwork was found. As if that were not enough, Der Spiegel received a letter, which it apparently believes is authentic, from someone claiming to be Cornelius Gurlitt. The letter asks the German magazine not to use the name “Gurlitt” on the claim that his father, Hildebrand, was not involved with the Nazis.

Up soon: what law is going to govern ownership, and how will that matter?

Topics: Paris Match, Stuttgart, FAZ, Hildebrand Gurlitt, Cornelius Gurlitt, Steffan Seibert, Munich Hoard, Germany, Nazi-looted art, Gurlitt Collection, Baden-Württemberg, Bloomberg, Entartete Kunst, Munich, Schwabing, Angela Merkel, Restitution, Der Spiegel, Wall Street Journal, World War II, Münchner Kunstfund

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About the Blog


The Art Law Report provides timely updates and commentary on legal issues in the museum and visual arts communities. It is authored by Nicholas M. O'Donnell, partner in our Art & Museum Law Practice.

The material on this site is for general information only and is not legal advice. No liability is accepted for any loss or damage which may result from reliance on it. Always consult a qualified lawyer about a specific legal problem.

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