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Gurlitt and Kunstmuseum Bern Press Conference in Berlin Monday November 24, 2014

Posted by Nicholas O'Donnell on November 20, 2014 at 9:35 AM

The federal government of Germany, the Bavarian Ministry of Culture, and the Kunstmuseum Bern announced today that they will hold a joint press conference on Monday November 24, 2014 concerning the bequest by Cornelius Gurlitt to the Swiss museum when he died. It seems hard to imagine that such an event would announce anything other than acceptance by the museum and perhaps some sort of side agreement with Germany and/or Bavaria.

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Topics: Swiss Info, Schwabinger Kunstfund, Hildebrand Gurlitt, Cornelius Gurlitt, Monopol, Nazi-looted art, Gurlitt Collection, Entartete Kunst, Willbald Gurlitt, Restitution, Bavaria, Der Spiegel, Wall Street Journal, World War II, Degenerate Art Action, degenerate art, beschlagnahmte Kunst, Kunstmuseum Bern, Münchner Kunstfund

Expert Opinion Casts Doubt on Gurlitt’s Testamentary Capacity to Make the Will that Names the Kunstmuseum Bern as Heir

Posted by Nicholas O'Donnell on November 17, 2014 at 11:42 AM

While we have tried to read the tea leaves and predict what the Kunstmuseum Bern will do on or before November 26 (the deadline to accept or reject the appointment as Cornelius Gurlitt’s heir)—and what others might do if the museum turns it down, less prominent has been the validity of the will in question itself. It is far from a forgone conclusion, however, that his last-minute will would hold up under scrutiny. The circumstances alone—an elderly person, under enormous international scrutiny, placed under a guardianship—beg the question.

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Topics: Schwabinger Kunstfund, Hildebrand Gurlitt, Cornelius Gurlitt, Nazi-looted art, Gurlitt Collection, Restitution, testamentary capacity, World War II, Kunstmuseum Bern, Münchner Kunstfund

If the Kunstmuseum Bern Says No: Gurlitt Heirs Discuss Plans if They Inherit Schwabing Trove

Posted by Nicholas O'Donnell on November 14, 2014 at 7:12 AM

As the November 26, 2014 deadline approaches by which the Kunstmuseum Bern must accept or reject the appointment as Cornelius Gurlitt’s heir and the bequest of the paintings seized by the Bavarian government on suspicions of Nazi-looting concerns (as well as those in other countries that were not seized), most observers expect the museum to accept the appointment, albeit perhaps with some side agreement with the German government. But what if the museum says no? Reports floated this week of what Gurlitt’s heirs-at-law might do in that event.

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Topics: Schwabinger Kunstfund, Hildebrand Gurlitt, Cornelius Gurlitt, Monopol, SZ, Nazi-looted art, Gurlitt Collection, Entartete Kunst, Willbald Gurlitt, Restitution, Bavaria, World War II, Degenerate Art Action, degenerate art, beschlagnahmte Kunst, Kunstmuseum Bern, Münchner Kunstfund

Reports that Gurlitt Task Force May Not Meet Deadline—What Happens Then?

Posted by Nicholas O'Donnell on November 10, 2014 at 9:47 AM

There were reports over the weekend that the Gurlitt Task Force, currently reviewing the provenance of more than 900 of the 1,280 works of art seized from Cornelius Gurlitt’s apartment, may not complete that review within the year reportedly set out in the agreement between Bavaria and Gurlitt before he died. There is still confusion about whether the Task Force was indeed foreshadowing a missed deadline (the agreement was in April, so the notion that the review would continue “into 2015” is not necessarily inconsistent with completing its task within one year), but assuming it was, what happens then?

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Topics: Focus, Schwabinger Kunstfund, Hildebrand Gurlitt, Cornelius Gurlitt, Gurlitt Task Force, Nazi-looted art, Gurlitt Collection, Foreign Sovereign Immunities Act, Commission for Looted Art in Europe, Entartete Kunst, Anne Webber, Restitution, Der Spiegel, World War II, degenerate art, Kunstmuseum Bern, verschollene Kunst, Münchner Kunstfund

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

Toren Amends Complaint Against Bavaria Over Liebermann Seized from Gurlitt, Spotlights Task Force Recommendation of Restitution in Support of Bailment Theory

Posted by Nicholas O'Donnell on October 27, 2014 at 6:31 AM

Two weeks ago, the Federal Republic of Germany and Bavaria moved to dismiss the restitution claims brought by David Toren over ownership of Two Riders on the Beach (Zwei Ritter am Strand) by the German painter Max Liebermann. Toren’s uncle David Friedmann owned the painting in Breslau before he was targeted for his collection and it was stolen. Toren had not seen it since adolescence. The painting is further notable for two (related) reasons: it is among the 1,280 works of art found in Cornelius Gurlitt’s apartment in 2012, and it is one of only two that the Gurlitt Task Force has recommended be restituted (to Toren). As we noted at the time of the motion, Germany’s tactics seemed odd; Bavaria has committed to complying with the Task Force’s recommendations, and contesting this case seems to make little sense. The likeliest reason, in our view, is to try to make some jurisdictional law that will weaken other potential claimants to the Gurlitt trove.

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Topics: Schwabinger Kunstfund, Hildebrand Gurlitt, Cornelius Gurlitt, Breslau, Max Liebermann, Germany, Silesia, Gurlitt Collection, Foreign Sovereign Immunities Act, bailment, Entartete Kunst, FSIA, Restitution, Bavaria, David Toren, Zwei Ritter am Strand, Free State of Bavaria, 28 U.S.C. § 1605(a)(2), Looted Art, World War II, Foreign Sovereign Immunities, Altmann v. Republic of Austria, Freistaat Bayern, Kunstmuseum Bern, Riders on the Beach, Federal Republic of Germany, Raubkunst, David Friedmann, Münchner Kunstfund

Conflicting Reports About Possible Acceptance of Gurlitt Bequest by Kunstmuseum Bern

Posted by Nicholas O'Donnell on October 13, 2014 at 7:02 AM

There have been multiple and conflict reports in the last 48 hours about whether the Kunstmuseum Bern had reached a decision to accept the inheritance from and appointment as heir by Cornelius Gurlitt. Gurlitt, who died in early May shortly after reaching an agreement with the Bavarian prosecutor concerning the 1,280 works of art seized from his apartment on suspicion of Nazi-looting connections, unexpectedly named the Swiss museum as the sole beneficiary of his will, and as his heir and representative. Just last week, the news was that the Kunstmuseum had resolved to decide by late November, no later than six months after being advised of Gurlitt’s bequest.

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Topics: Reuters, Schwabinger Kunstfund, Hildebrand Gurlitt, Cornelius Gurlitt, Nazi-looted art, Gurlitt Collection, Tages Anzeiger, Munich, Christoph Schäublin, Restitution, Bavaria, Ruth Gilgen Hamisultane, World War II, Swiss, Austria, Sonntagszeitung, Kunstmuseum Bern, Berner Zeitung, Zürich, Nazi Raubkunst, Münchner Kunstfund

Bavaria and Germany Move to Dismiss Gurlitt Litigation, But Raise Questions About Why They Are Resisting a Lawsuit Over Painting that Task Force Recommended They Restitute to David Toren

Posted by Nicholas O'Donnell on October 10, 2014 at 11:04 AM

To date, only one lawsuit has been filed in the United States related to the seizure from Cornelius Gurlitt’s apartment of some 1,280 works of art, a story that broke a year ago with the concern about the objects’ Nazi-looting connections via his father Hildebrand Gurlitt (the view here last winter was that the longer Germany failed to address the situation comprehensively, the more likely such U.S. litigation became). That lawsuit, brought by David Toren, seeks the return of Two Riders on the Beach (Zwei Ritter am Strand), by Max Liebermann. Germany and Bavaria moved to dismiss the case yesterday, which is particularly puzzling given that among the very few determinations made by the Gurlitt Task Force (in August), it is that the Liebermann should be returned. The cynical view is that they are looking to forestall future claims, but it is past time for the painting to be returned.

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Topics: Schwabinger Kunstfund, Hildebrand Gurlitt, Cornelius Gurlitt, Breslau, Max Liebermann, Germany, Silesia, Gurlitt Collection, Foreign Sovereign Immunities Act, bailment, Entartete Kunst, FSIA, Restitution, Bavaria, David Toren, Zwei Ritter am Meer, Free State of Bavaria, 28 U.S.C. § 1605(a)(2), Looted Art, World War II, Altmann v. Republic of Austria, Freistaat Bayern, Kunstmuseum Bern, Riders on the Beach, Federal Republic of Germany, Raubkunst, David Friedmann, Münchner Kunstfund

Germany Announces "Center for Cultural Property Losses": Real Progress or Window Dressing?

Posted by Nicholas O'Donnell on October 9, 2014 at 5:39 AM

After numerous intimations by German Minister of Culture Monika Grütters, the German federal cabinet announced on Wednesday the official formation of the German Center for Cultural Property Losses (Deutsches Zentrum Kulturgutverluste). Citing its “awareness of the special responsibility for the reworking of Nazi art theft,” the ruling CDU coalition issued this statement (my translation):

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Topics: Schwabinger Kunstfund, Hildebrand Gurlitt, Cornelius Gurlitt, Deutsches Zentrum Kulturgutverluste, Germany, Minister of Culture Monika Grütters, Nazi-looted art, Gurlitt Collection, Lex Gurlitt, Koordinierungsstelle für Lost Art in Magdeburg, Magdeburg, enteignete Kunst, Gurlitt, NS Raubkunst, Restitution, Task Force, Bundesländer, Lost Art, www.lostart.de, Limbach Commission, Center for Cultural Property Losses

Limbach Commission Rules Against Claimants to Restitution of “Three Graces” by Lovis Corinth in Unpersuasive Opinion

Posted by Nicholas O'Donnell on August 28, 2014 at 8:17 AM

The German Advisory Commission for the Return of Cultural Property Seized as a Result of Nazi Persecution, Especially Jewish Property (Beratende Kommission) has issued its latest decision concerning allegedly Nazi-looted art in German museums. For the second case in a row after the widely (and wisely) derided opinion not to restitute the Welfenschatz or Guelph Treasure at the Stiftung Preussischer Kulturbesitz in Berlin, the commission (known for its presiding member, former German Supreme Constitutional Court judge Jutta Limbach) has recommended against restitution, this time over the claim by heirs of Clara Levy to The Three Graces (Drei Grazien) by Lovis Corinth (1902/1904). The decision (available only in German) is riddled with poor logic and basic historical errors. In short, while it may be that the painting was indeed delivered to Clara Levy’s daughter in the United States at Clark’s express instruction, that is far less clear than the commission states, and its decision further makes a number of assumptions about the circumstances of Jews in occupied or about-to-be occupied territories that undermine its credibility considerably.

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Topics: Berlin, Else Bergmann, Schleifmühle, Guelph Treasure, Hildebrand Gurlitt, Cornelius Gurlitt, Ludwig Levy, Fritz Levy, Rita Hubbard, Germany, Nazi-looted art, bill of lading, Especially Jewish Property, Buchholz Gallery, Madame Soler, German Advisory Commission for the Return of Cultu, San Francisco, Entartete Kunst, Beratende Kommission, Stiftung Preussischer Kulturbesitz, FSIA, Curt Valentin, expropriation exception”, Gurlitt, Restitution, Max Huggler, Mendelssohn-Bartholdy, Clara Levy, Sigfried Rosengart, Luxembourg, Henry Zacharias, Compagnie Generale Transatlantique Hol Lesquette, World War II, Foreign Sovereign Immunities, Pinakothek der Moderne, degenerate art, beschlagnahmte Kunst, Jutta Limbach, Kunstmuseum Bern, Drei Grazien, Pablo Picasso, Lovis Corinth, Museums, Three Graces, Bavarian State Painting Collections, Federal Republic of Germany, Paula Levy, Kurt Buchholz, Welfenschatz, Limbach Commission, New York, Bayerische Staatsgemäldesammlungen

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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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