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Neue Nationalgalerie in Berlin Returns Schmidt-Rotluff Paintings to Graetz Heirs

Posted by Nicholas O'Donnell on November 23, 2011 at 4:54 AM

The regional government of Berlin has decided to return two paintings by German Expressionist Karl Schmidt-Rotluff to the heirs of the paintings’ one-time owner (article in German).

As reported by Catherine Hickley of Bloomberg in Berlin, the paintings, a 1920 self-portrait and a 1910 landscape entitled “Farm in Dangast” once belonged to Robert Graetz, a businessman from Berlin who was deported to Poland in 1942. After a claim by Graetz’s grandson Roberto (Graetz), a government panel headed by Jutta Limbach (a former constitutional judge) concluded that the loss was almost certainly the product of persecution and should be returned. Berlin Culture Secretary Andre Schmitz has now said that the government will follow the panel’s recommendation.

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Topics: Berlin, Catherine Hickley, Karl Schmidt-Rotluff, Robert Graetz, Restitution, Farm in Dangast, World War II, degenerate art, Jutta Limbach, Washington Principles

Russian Art Embargo News: Chabad Plaintiffs Put Request for Sanctions on Hold

Posted by Nicholas O'Donnell on October 20, 2011 at 10:21 AM

The Chabad Lubavitch plaintiffs who have been trying for more than six years to obtain the return of the library of Menachem Schneerson—a case which has resulted in an embargo of Russian art loans to the United States for nearly a year—took the unexpected step this week of asking the court to refrain from ruling on a pending motion to find the Russian defendants in contempt. The Russian defendants—who have not appeared or filed anything since refusing to participate further last year, resulting in the default judgment against them—had until October 18 to contest the contempt allegations related to their failure to obey the judgment against them (to return the library).

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Topics: Russia, Restitution, World War II, Foreign Sovereign Immunities, Chabad

Herzog Case Against Hungarian Museums Focuses on Issues to Be Appealed

Posted by Nicholas O'Donnell on October 5, 2011 at 1:15 PM

With the recent decision in the Baron Herzog case dismissing some claims but allowing the bulk of the case to go forward, the next step is determining what issues can be appealed now.

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Topics: Hungary, Holocaust, Restitution, Statute of Limitations, World War II, Foreign Sovereign Immunities

Hungarian World War II Restitution Case Will Go Forward

Posted by Nicholas O'Donnell on September 15, 2011 at 8:15 AM

The United States District Court has allowed significant parts of the claim brought by claimed heirs of Baron Mor Lipot Herzog to go forward. The decision is significant for several reasons. First, it is the most prominent restitution case currently at the trial level, and the case will now proceed into discovery of the facts. Second, the judge turned away a strong statute of limitations argument, which has been the strong trend in recent restitution cases. On the flip side, the judge found for the defendants on eleven paintings that were the subject of prior litigiation.

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Topics: Hungary, Holocaust, Restitution, Statute of Limitations, World War II, Foreign Sovereign Immunities

The Met Joins Russian Art Embargo Dispute

Posted by Nicholas O'Donnell on September 8, 2011 at 8:05 AM

In the latest development in one of this year’s farthest-reaching art law issues, the Metropolitian Museum of Art announced in August that it will no longer lend its works of art within the Russian Federation so long as the Russian embargo on U.S. loans persists. The Met had planned to loan works by French designer Paul Poiret to the exhibition “Paul Poiret – King of Fashion” at the Kremlin Museum.

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Topics: Russia, Restitution, World War II, Foreign Sovereign Immunities, Chabad

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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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