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Cornelius Gurlitt’s Lawyers File Privacy Complaint

Posted by Nicholas O'Donnell on February 3, 2014 at 11:24 AM

In one of the first affirmative steps taken by Cornelius Gurlitt since the revelation of the seizure of a large number of artworks with possible Nazi-seizure connections, Gurlitt has filed a criminal complaint concerning his allegations of violations of his privacy rights. According to Gurlitt’s attorney, “The surrender of investigative information to the press, and with it the severe damage to his personal rights is not tolerable in any way for Mr. Gurlitt. . . . This is a blatant violation of official secrecy.” Another of his lawyers went on to express concern for trust in the process in which details were being given to the media. In particular, Gurlitt’s team were most upset about photographs in the Focus piece that broke the story of Gurlitt’s apartment.

For all the legal coverage, this is one aspect that has been seldom discussed. In part, it may be because Gurlitt only recently obtained attorneys authorized to speak publicly on his behalf. But if anyone has really probed into how Focus came to know of a nearly two-year investigation that was covered by official secrecy, I have not seen it. And, as was discussed last weekend in Heidelberg, Gurlitt’s privacy rights are not going simply to be brushed away in all this, no matter what the larger issues are.

As with any tactical move, this may be intended for a variety of purposes, particularly coming as it does on the heels of statements last week that Gurlitt may be willing to discuss resolution with claimants’ families.

For other coverage of the Heidelberg conference (all in German), the Rhein-Neckar Zeitung had a good summary, though one that I thought focused too much on the last panel of the day, and which took its headline from remarks of only one participant in that final panel (who was responding to a question about German museums generally, not the Gurlitt case specifically). The Jüdische Allgemeine conducted an interview with organizer Dr. Johannes Heil at the HfJS. Finally, the Rhein-Neckar Morgenweb ran down the major themes of the day, keying (wisely) on the importance of Professor Wolfgang Ernst’s legal overview, in particular the important detail that these paintings were seized after a search on suspicion of tax evasion, not of art theft. As the article quotes Professor Ernst (anticipating the privacy issues spotlighted by Gurlitt’s complaint):

“To give them back now to the heirs of Jewish collectors, it must first be determined with certainty under what circumstances they came to be in the possession of Gurlitt and his father. A criminal offense, a theft, or a robbery would be a prerequisite”—which would have to be proved for each and every work.

Topics: Stuttgart, Das Alte Schauspielhaus, Cologne, Irina Alter, veschollene Kunst, Schwabinger Kunstfund, Wiedergutmachung, Annette Weber, Hildebrand Gurlitt, Cornelius Gurlitt, Corinna Budras, S. Lane Faison, Universität Heidelberg, Augsburg, Institute for Jewish Studies Heidelberg, Aryanization, Anat Feinberg, Willi Korte, Schwabinger Kunstfund. Kunstfund München, Monuments Man, Gurlitt Task Force, Germany, Fall Gurlitt, Köln, Nazi-looted art, Henry Keazor, Gurlitt Collection, Appropriated Art the Gurlitt Case, Kurpfälzisches Museum Heidelberg, Hochschule für Judische Studien Heidelberg, Eberhard Karls-Universität Tübingen, Emily Löffler, CSU, Williams College, Judische Allgemeine, Hildebrand Gurlit, Entartete Kunst, Universität Zürich, Arisierung, Lehrstuhl für Römisches Recht und Privatrecht, Nürnberger Institut, Rückgabe, Rhein-Neckar Morgenweb, Beutekunst, 'Stürmer-Bibliothek', Magdeburg, Daniel Krochmalnik, Ersessene Kunst, Katja Terlau, Art Loss Recovery Unit, Jim Tobias, Rhein-Neckar Zeitung, Fritz Backhaus, Gurlitt, Bavaria, Johannes Heil, Wien, Sullivan & Worcester LLP, Lucas Elmenhorst, Kunsthistorisches Institut, Nürnberg, Jüdisches Museum Frankfurt, Looted Art, „Sturmer-Library“, degenerate art, Boston, Seminar für Neuere Geschichte, Wolfgang Ernst, www.lostart.de, Nazi art, Raubkunst, Nicholas M. O'Donnell, Frieder Hepp, Verjährung, Vienna, Münchner Kunstfund, New York, FAZ Frankfurt, Felicitas Heiman-Jellinek

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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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