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Bavaria to Review Draft Revision to Statute of Limitations on Claims to Art Found in Gurlitt Apartment

Posted by Nicholas O'Donnell on January 7, 2014 at 5:25 AM

Die Welt reports today that a scheduled cabinet meeting of the government of Bavaria includes discussion of a draft revision to the state’s statute of limitations. Justice Minister Winfried Bausback (CSU) has apparently stated his desire to ensure that claimants like those heirs to owners of works found in Cornelius Gurlitt’s apartment will not be barred by the statute of limitations, following through on statements he made last year after being selected. There has been lively discussion of whether such claims would be time barred, but this revision would presumably be intended to answer the question broadly. It could signal the beginning of legislative steps to address the situation. The previous Justice and Culture Minister Beate Merk had come under heavy criticism, but a new minister may have room to make some changes. And, in a parliamentary system, the consensus of the ruling government is more significant in anticipating the passage of legislation.

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Topics: Ministerin für Justiz und Kultur, Legal Tribune, veschollene Kunst, Beate Merk, Cornelius Gurlitt, Augsburg, Schwabinger Kunstfund. Kunstfund München, Gurlitt Task Force, Germany, Fall Gurlitt, Gurlitt Collection, Die Welt, Lorenz Kähler, CSU, Hildebrand Gurlit, Entartete Kunst, Ingeborg Berggreen-Merkel, Beutekunst, Magdeburg, Gurlitt, Bavaria, degenerate art, Freistaat Bayern, Justizminister,, Nazi art, Raubkunst, Verjährung, Winfried Bausback

327 Gurlitt Collection Works Now Known; Time for Claims in the United States?

Posted by Nicholas O'Donnell on December 6, 2013 at 4:36 AM

The coordination office in Magdeburg continues to post details about works of art seized from Cornelius Gurlitt in Schwabing, with a total of 327 works now available for viewing. There has been almost no discussion yet, however, of what process the government will employ to allow claimants to make their case. Those in the United States have options discussed further below.

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Topics: veschollene Kunst, Schwabinger Kunstfund Cornelius Gurlitt, Strafprozessordnung, Hildebrand Gurlitt, EBS Dispute Resolution Center, Munich Hoard, IFKUR, Verjährungsfrist, Peter Bert, Germany, Matthias Weller, prescriptive ownership, Nazi-looted art, Gurlitt Collection, Foreign Sovereign Immunities Act, Baden-Württemberg, Entartete Kunst, Nazis, Ingeborg Berggreen-Merkel, Munich, Schwabing, Magdeburg, FSIA, Dispute Resolution in Germany, Bavaria, Looted Art, Foreign Sovereign Immunities, deutches Recht, degenerate art, Altmann v. Republic of Austria,, stop, Raubkunst, German Civil Code § 221, Sec. 108 German Code of Criminal Procedure, Kunstfund München, Münchner Kunstfund

Gurlitt Taskforce Announces Plan to Post 590 More Works. Choice of Law, Procedure, and Venue for Claims Up in the Air

Posted by Nicholas O'Donnell on November 15, 2013 at 6:17 AM

Ingeborg Berggreen-Merkel, leader of the newly formed federal “Schwabing Art Find” taskforce, announced plans to release information about 590 additional works found in the apartment of Cornelius Gurlitt, after the posting earlier this week of 25 works at Meanwhile, the heirs of Max Ernst have publicly disclosed (through their attorney Jürgen Wilhelm in Cologne) their claim to certain of the works in the Gurlitt find. The federal authorities appear to be gaining the upper hand for disclosure against the tax investigators in Bavaria who initially seized the collection, which was not a foregone conclusion.

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Topics: Cologne, veschollene Kunst, the Lion Tamer, Lempertz, Cornelius Gurlitt, Schwabinger Kunstfund. Kunstfund München, Max Liebermann, Köln, Gurlitt Collection, Foreign Sovereign Immunities Act, Hildebrand Gurlit, Entartete Kunst, Nazis, Ingeborg Berggreen-Merkel, Hermann Goring, Michael Hulton, FSIA, Gurlitt, Restitution, conversion, Looted Art, World War II, degenerate art, Altmann v. Republic of Austria, Löwenbändiger, Raubkunst, Alfred Flechteim, Jürgen Wilhelm, Max Ernst

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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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