(Germany’s highest court issued a much-anticipated ruling on a challenge by a collector to the listing of his painting in the so-called Lost Art database in Magdeburg, Germany. The Bundesgerichtshof (BGH) ruled that the listing will not be deleted where “based on true facts.” The ruling underscores the informative, rather than legal, nature of the database, which describes itself as documenting “cultural property that was either demonstrably seized from their owners between 1933 and 1945 as a result of Nazi persecution, or for which such a seizure cannot be ruled out.” Insofar as the case just decided involves a well-known victim of Nazi-persecution, the clarification is a welcome and important one. As always in this area, however, the hard cases are harder. The case stopped short of resolving more nuanced cases, or addressing what recourse a collector might have in situations where a listing effectively makes a painting impossible to sell. Perhaps the best course would be to take heed of the way the court decided this case: the database is a critical tool of information, but a less useful one when it comes to sorting out legal rights.
Topics: Lost Art Database, Germany, Bundesgerichtshof, Van Gogh, Magdeburg, Nazi persecution, BGH, IFAR, Art Loss Register, A Tragic Fate, Girl from the Sabine Mountains, Francis Xavier Winterhalter, Vue de l'asile et de la Chapelle de Saint-Rémy, Elizabeth Taylor, German Lost Art Foundation, Calabrian Coast, Kalabrische Küste, Concordia University, Zentrum für Kulturgutverluste, ALR, Düsseldorf, Bettina Brückner
As Germany puts on the much-anticipated exhibition in Bonn of Cornelius Gurlitt’s disputed collection, a strange story has developed not too far away in Düsseldorf. The Stadtmuseum, which is administered by the city itself, had organized—but now cancelled—“Max Stern: from Düsseldorf to Montreal.” The exhibition was scheduled to open in February in Düsseldorf, before traveling to the Haifa art museum in September of 2018 and to the McCord Museum in Montreal in 2019. The city’s acknowledgement that the decision was based on a claim for restitution from the Max Stern Estate is a disturbing development that provides no sound reason to cancel a show about an important dealer who, it is undisputed, was a seminal figure of Nazi persecution.
Topics: Nuremberg laws, Cologne, Cornelius Gurlitt, Germany, The Art Newspaper, Köln, Nazi-looted art, Düsseldorf, The New York Times, A Tragic Fate, Max Stern from Düsseldorf to Montreal, McCord Museum, Reichskammer der bildenden Künste, Dr. and Mrs. Max Stern Foundation, Max Stern Restitution Project, Girl from the Sabine Mountains, Max Stern, Haifa, Francis Xavier Winterhalter, Mädchen aus den Sabiner Bergen, The Artist’s Children, Wilhelm von Schadow, Düsseldorf Kunstpalast, Andreas Achenbach, Sicilian Landscape, Norwegian Landscape, Galerie Max Stern, Mayor Thomas Geisel