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Herzog Heirs Win Again in Appeals Court on Jurisdiction Over Hungarian Museums

Posted by Nicholas O'Donnell on June 26, 2017 at 10:48 AM

A federal appeals court has upheld the growing consensus that the Foreign Sovereign Immunities Act (FSIA) confers jurisdiction over foreign state actors in possession of art allegedly looted by and/or overseen by the Nazis.  Upholding last year’s District Court decision, the U.S. Court of Appeals for the D.C. Circuit affirmed the ruling in De Csepel v. Republic of Hungary that denied several Budapest museums’ motion to dismiss, while allowing the Republic of Hungary itself out of the case.  This is the heirs second successful trip to the appellate court, where their claims were upheld in 2013.  The case is the subject of a chapter in my newly-released book A Tragic Fate--Law and Ethics in the Battle Over Nazi-Looted Art (ABA Publishing). 

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Topics: Berlin, David de Csepel, Angela Maria Herzog, Thyssen-Bornemisza Collection, Foreign Sovereign Immunities Act, Baron Herzog, Budapest University of Technology and Economics, Hungarian National Gallery, SPK, Stiftung Preussischer Kulturbesitz, Budapest Museum of Fine Arts, FSIA, expropriation exception”, Cassirer v. Kingdom of Spain, Federal Republic of Germany, András Herzog, Welfenschatz, genocide

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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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