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.
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
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.
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
