The Appellate Division First Department in New York has affirmed the trial court’s ruling in Reif v. Nagy that the heirs of Viennese actor and Holocaust victim Franz Friedrich (Fritz) Grünbaum are entitled to the return of two Egon Schiele drawings, Woman Hiding her Face (1912) and Woman in a Black Pinafore (1911). The ruling is a momentous victory for the Grünbaum heirs, and features several recurring characters in many Nazi-looted restitution disputes. We were doubly gratified to see the First Department’s citation to our own case, Philipp v. F.R.G., 894 F.3d 406 (D.C. Cir. 2018) for the proposition that sales under duress are void and violate international law consistent with the policies of the Holocaust Expropriated Art Recovery (HEAR) Act of 2016. It is a landmark ruling and a testament to the perseverance of the Grünbaum heirs and their legal team.
Topics: Guelph Treasure, Cornelius Gurlitt, Galerie St. Etienne, Nazi-looted art, Foreign Sovereign Immunities Act, Galerie Gutekunst, Holocaust, Fritz Grünbaum, NS Raubkunst, Egon Schiele, Mathilde Lukacs, Franz Kieslinger, Anschluss, Welfenschatz, HEAR Act, Ankerwycke, A Tragic Fate, Law and Ethics in the Battle Over Nazi-Looted Art, Holocaust Expropriated Art Recovery Act of 2016, Woman in a Black Pinafore, Woman Hiding her Face, Seated Woman With Bent Left Leg (Torso), Reif v. Nagy, D.C. Circuit Court of Appeals, Eberhard Kornfeld, Philipp v. F.R.G., New York Law Journal, Gutekunst & Klipstein, Jonathan Petropoulos
The Second Circuit Court of Appeals has affirmed the judgment against David Bakalar concerning ownership of the drawing Seated Woman with Bent Left Leg (Torso). It is a notable decision first and foremost because it affirms the District Court ruling on the merits of whether the drawing was stolen by the Nazis from the Austrian-Jewish collector Fritz Grünbaum—finding that it was not stolen. Such a ruling is a rarity among wartime restitution cases, the overwhelming majority of which continue to founder on statutes of limitations and jurisdictional defenses. Ironically, even though the court ruled that the work was not stolen and that the current owner could not prove good title, the current owner still prevailed. The details are the key to understanding this case, best described in the District Court decision that the Appeals Court affirmed.
Topics: cultural property, laches, Leon Fischer, Milos Vavra, Second Circuit, Galerie St. Etienne, Dead City III, Seated Woman wiht Bent Left Leg (Torso), Galerie Gutekunst, Nazis, Fritz Grünbaum, Restitution, Egon Schiele, World War II, Mathilde Lukacs, David Bakalar, Max Herzl, Franz Kieslinger, Elisabeth Grünbaum, Elise Zozuli