Among the many challenges that litigants over Nazi-looted art face in the United States is a lack of uniformity.  Statutes of limitations vary from jurisdiction to jurisdiction, and interpretations of jurisdictional laws like the Foreign Sovereign Immunities Act differ from one Court of Appeals to another.  This is particularly challenging in the context of the Washington Conference on Nazi Looted Art of 1998 because private disputes are where the issue has meaning in the United States.  There is no national commission to address potentially looted art in public possession like those in Austria, Germany, or the Netherlands (however well or poorly some of those commissions perform) because there is very little art in national ownership about which the federal government has any power to decide.  Thus, in assessing U.S. compliance with the Washington Principles, it is often left to private litigants to argue about what the Principles mean in individual disputes.  Happily, appellate courts have begun to reject consistently the denialist defenses of foreign countries that wish to keep stolen art just because they say so, holding that the Washington Principles support the ability of heirs to pursue claims.  Yet the uneven landscape is still daunting.

A new bill introduced this week would address that, though its chances of passage into law in a contentious election season are hard to be optimistic about. 

Topics: Legislation, Nazi-looted art, Restitution, World War II, Charles Schumer, John Cornyn, Holocaust Expropriated Art Recovery Act, Richard Blumenthal, HEAR Act, Ted Cruz

Barely a week ago German Minister of Culture Monika Grütters was dismissively rejecting any changes to the Advisory Commission that issues recommendations on claims of Nazi-looted art in German museums. Today, in a classic Friday afternoon news dump, Germany caved to a drumbeat of pressure to include Jewish members of the Commission, pressure that began right here and continued with the support of colleagues and friends around the world. The lesson? No voice is too small to make a difference.

Topics: Germany, Nazi-looted art, Restitution, World War II, Monika Grütters, Raubkunst, Limbach Commission

 

Last week Germany’s Minister of Culture Monika Grütters made the astonishing statement that the Advisory Commission that issues recommendations for questions of allegedly Nazi-looted art in German museums would not be revised to include a member of the Jewish community because that Jewish member “would be the only voice who would be prejudiced.” The statement was not idle gossip, it was to the New York Times, which was writing a feature piece about her. This was a shockingly tone-deaf statement for a German cabinet member to make. Even in a vacuum, it is logically indefensible; why would a Jewish member be more biased than a German member (about which she had no objection). And, of course, it is not a vacuum—we are talking about Germany.

Topics: Germany, Nazi-looted art, Gurlitt Collection, Advisory Commission, Restitution, Monika Grütters, Raubkunst, Limbach Commission

Topics: Ronald S. Lauder, Gurlitt Task Force, Germany, Nazi-looted art, Gurlitt, Restitution, Monika Grütters, Raubkunst, Limbach Commission

Two days after suspending their participation in the Advisory Commission on the return of cultural property seized as a result of Nazi persecution, especially Jewish property, often called the "Limbach Commission" after its presiding member Jutta Limbach (the Beratende Kommission im Zusammenhang mit der Rückgabe NS-verfolgungsbedingt entzogenen Kulturguts, insbesondere aus jüdischem Besitz), the heirs of Alfred Flechtheim withdrew from the proceedings entirely. The dispute concerns Violon et encrier (Violin and Inkwell) (1913) by Juan Gris in the Stiftung Kunstsammlung Nordrhein-Westfalen (Art Collections Foundation of North Rhine-Westphalia) in Düsseldorf.

Topics: Alfred Flechtheim, Nazi-looted art, Advisory Commission, Beratende Kommission, Restitution, Düsseldorf, World War II, Limbach Commission, Dr. Michael Hulton, Juan Gris

Sophisticated Analysis of Adolph von Menzel Drawing Distinguishes Itself from Recent Revisionism Elsewhere

As the original term of the Gurlitt Task Force (Taskforce Schwabinger Kunstfund) winds down, the panel has issued a report on a work that it deems appropriate for restitution: Interior of a Gothic Church (Inneres einer gottischen Kirche) by Adolph von Menzel (pencil drawing, signed/dated 1874). The drawing has been called Church in Hofgastein in some English language articles.

Topics: Interior of a Gothic Church, Hildebrand Gurlitt, Cornelius Gurlitt, Nazi Germany, Inneres einer gottischen Kirche, Dresden, Gurlitt Task Force, Adolph von Menzel, Nazi-looted art, Gurlitt Collection, Ernst Julius Wolffson, Washington Principles on Nazi-Looted Art, Advisory Commission, Munich, Albert Martin Wolffson, Salzburg, Restitution, Catrin Lorch, Bavaria, World War II, Switzerland, Süddeutsche Zeitung, Austria, Kunstmuseum Bern, Federal Republic of Germany, Raubkunst, Taskforce Schwabinger Kunstfund, Elsa Helene Cohen, Limbach Commission, Jörg Häntzschel

We reported last week on the outrage over the decision by Germany and the Stiftung Preussischer Kulturbesitz (SPK) to argue in their motion to dismiss my clients’ claims to the Welfenschatz that a commercial interaction between German Jews and a cabal instigated by Hermann Goering in 1935 “predated the Holocaust by several years.” As we noted last week, the suggestion that the Holocaust was a distant possibility in 1935 was an indefensible statement, factually, historically, and ethically. The initial reaction was swift and severe. As Germany gets ready to host the First Conference of the German Centre for Cultural Property Losses next week, its policies are hurtling in the wrong direction.

Topics: Jewish Week Mel Urbach, Hermann Goering First Conference of the German Cen, Gesetz zur Wiederherstellung des Berufsbeamtentums, Henning Kahmann, Atlanta, Simon Wiesenthal Center, Varda Neumann Federal Administrative Court, Yale University, Marion Kaplan, New York University, Germany, Nazi-looted art, Hitler, Kristallnacht Rabbi Abraham Cooper, Deborah Lipstadt, U.S. Holocaust Memorial Museum, Markus Stoetzel, Emory University, Behrens, Holocaust, Bloodlands, SPK, Advisory Commission, Black Earth: The Holocaust as History and Warning, Stiftung Preussischer Kulturbesitz, Restitution, Los Angeles, World War II, Law for the Restoration of the Professional Civil, Washington, Raubkunst, Timothy Snyder, Welfenschatz

Most often in restitution battles the disagreement boils down to whether a painting was looted, and/or whether it changed hands under circumstances that failed to pass clear title to the predecessor of its current possessor. Then, controversy frequently ensues about the extent to which the possessor resists restitution on grounds other than the title of the painting (jurisdiction, statute of limitations, etc.). Rarer is the type of dispute where the parties don’t even agree about what they’re disagreeing about, like the one brewing between Austria and Poland over a painting by Pieter Bruegel the Elder that hangs in the Kunsthistorisches Museum (KHM) in Vienna, The Fight Between Carnival and Lent (1559).

Topics: Musée des Beaux Arts, Brussels, Krakow, Nazi-looted art, Diana Blonska, Gauleiter, Otto Gustav von Wächter, Feliks Kopera, Charlotte Wächter (née Bleckmann), Restitution, Kampf gegen Fasching und Fasten, Frau Wächter, Pieter Bruegel the Elder, Kunsthistorisches Museum, Poland, Austria, Museums, Vienna, The Battle Between Carnival and Lent

Topics: cultural property, Sepp Dürr, Schwabinger Kunstfund, Hildebrand Gurlitt, Art Hall of the Federal Republic of Germany, Cornelius Gurlitt, Bonn Minister of Culture, Nazi-looted art, Gurlitt Collection, Entartete Kunst, Munich, World Jewish Congress, Salzburg, Restitution, Müncher Kunstfund, Der Spiegel, World War II, Task Force, Kunstmuseum Bern, Museums, Monika Grütters, Raubkunst, Green Party, Kunsthalle der Bundesrepublik Deutschland, Ronald Lauder

After putting on hold its prior recommendation back in March of this year, the United Kingdom Spoliation Advisory Panel has recommended that the Tate Gallery in London should return Beaching a Boat, Brighton by John Constable to heirs of Budapest-based (and Jewish) Baron Ferenc Hatvany. The Art Newspaper reports that the Spoliation Panel concluded that the 1946 export license at issue in the springtime uncertainty (located from the Budapest Museum of Fine Arts) was insufficient to overcome the conclusion that title to the looted painting had not passed lawfully.

Topics: John Constable, Soviet, Budapest, Worcestershire, Hungary, London, The Art Newspaper, Beaching a Boat Brighton, Nazi-looted art, Red Army, Mrs P.M. Rainsford, Broadway Art Gallery, Budapest Museum of Fine Arts, Restitution, World War II, Baron Ferenc Hatvany, Tate Gallery, Museums, United Kingdom Spoliation Advisory Panel