The Art Law Report logo
The Art Law Report Providing timely updates and commentary on legal issues in the museum and visual arts communities

Category Archives: Gurlitt Collection

Subscribe to Gurlitt Collection RSS Feed

Gurlitt Collection Information Finally On View, Provenance Details Still Needed

Posted in Gurlitt Collection, Museums, Restitution, World War II

As the world adjusts to the announcement last week that the Kunstmuseum Bern has decided to accept Cornelius Gurlitt’s bequest (amid the continuing uncertainty about the validity of the will itself), the most significant development has been the museum’s posting of an inventory of the objects themselves.  The museum issued a press release that states: ‘We… Continue Reading

The Kunstmuseum Bern’s Agreement to Accept Gurlitt Inheritance—Analysis and Lingering Issues

Posted in Gurlitt Collection, Museums, Restitution, World War II

With the benefit of (a little) time after the initial announcement that the Kunstmuseum Bern had agreed to accept the inheritance of Cornelius Gurlitt, more information has become available about the agreement with Germany and Bavaria that paved the way for the museum’s decision.  It practical terms, the agreement resolves nothing definitively.  The inheritance itself… Continue Reading

Kunstmuseum Bern Accepts Appointment as Cornelius Gurlitt’s Heir, Agreement with Germany

Posted in Gurlitt Collection, Restitution, World War II

As expected, the press conference today in Berlin held by the Kunstmuseum Bern along with German officials announced that the museum has decided to accept the appointment as Cornelius Gurlitt‘s heir.  As we surmised, the decision was accompanied by an agreement concerning the Nazi-looting suspicions that have followed the one time collection of his father… Continue Reading

Gurlitt Relatives Formally Challenge Will that Named Kunstmuseum Bern as Heir

Posted in Gurlitt Collection, Museums, Restitution, World War II

When we wrote yesterday that everything had been said before seeing how the press conference plays out on Monday at which the Kunstmuseum Bern and Germany will make an announcement, it was somewhat tongue in cheek.  Today provides an example why: relatives of Cornelius Gurlitt, who would be his heirs at law in the absence… Continue Reading

Gurlitt and Kunstmuseum Bern Press Conference in Berlin Monday November 24, 2014

Posted in Gurlitt Collection, Restitution, World War II

The federal government of Germany, the Bavarian Ministry of Culture, and the Kunstmuseum Bern announced today that they will hold a joint press conference on Monday November 24, 2014 concerning the bequest by Cornelius Gurlitt to the Swiss museum when he died.  It seems hard to imagine that such an event would announce anything other than… Continue Reading

Expert Opinion Casts Doubt on Gurlitt’s Testamentary Capacity to Make the Will that Names the Kunstmuseum Bern as Heir

Posted in Gurlitt Collection, Restitution, World War II

While we have tried to read the tea leaves and predict what the Kunstmuseum Bern will do on or before November 26 (the deadline to accept or reject the appointment as Cornelius Gurlitt’s heir)—and what others might do if the museum turns it down, less prominent has been the validity of the will in question… Continue Reading

If the Kunstmuseum Bern Says No: Gurlitt Heirs Discuss Plans if They Inherit Schwabing Trove

Posted in Gurlitt Collection, Restitution, World War II

As the November 26, 2014 deadline approaches by which the Kunstmuseum Bern must accept or reject the appointment as Cornelius Gurlitt’s heir and the bequest of the paintings seized by the Bavarian government on suspicions of Nazi-looting concerns (as well as those in other countries that were not seized), most observers expect the museum to… Continue Reading

Reports that Gurlitt Task Force May Not Meet Deadline—What Happens Then?

Posted in Gurlitt Collection, Restitution, World War II

There were reports over the weekend that the Gurlitt Task Force, currently reviewing the provenance of more than 900 of the 1,280 works of art seized from Cornelius Gurlitt’s apartment, may not complete that review within the year reportedly set out in the agreement between Bavaria and Gurlitt before he died.  There is still confusion… Continue Reading

One Year After Gurlitt Revelation, No One is Pleased

Posted in Foreign Sovereign Immunities, Gurlitt Collection, Restitution, World War II

It has now been one year since Focus magazine in Germany broke the Cornelius Gurlitt story on November 3, 2013.  Looking back at the history of the case as it has unfolded since then, the overriding theme has been difficulty in obtaining accurate information about the current state of affairs.  The appointed Task Force has… Continue Reading

Museums in Bamberg and Karlsruhe Recognize a Sale Under Duress For What it Was, Seek to Do Right Thing

Posted in Gurlitt Collection, Museums, Restitution, World War II

Restitution policy at the federal and state level in Germany in recent months seems to have taken a certain direction that has been cause for criticism.  Whether it is the recent decisions by the Limbach Commission that ignore longstanding law about sales under duress, the odd decision by the Federal Republic of Germany to resist… Continue Reading

Toren Amends Complaint Against Bavaria Over Liebermann Seized from Gurlitt, Spotlights Task Force Recommendation of Restitution in Support of Bailment Theory

Posted in Foreign Sovereign Immunities, Gurlitt Collection, Restitution, World War II

Two weeks ago, the Federal Republic of Germany and Bavaria moved to dismiss the restitution claims brought by David Toren over ownership of Two Riders on the Beach (Zwei Ritter am Strand) by the German painter Max Liebermann.  Toren’s uncle David Friedmann owned the painting in Breslau before he was targeted for his collection and… Continue Reading

Conflicting Reports About Possible Acceptance of Gurlitt Bequest by Kunstmuseum Bern

Posted in Gurlitt Collection, Restitution, World War II

There have been multiple and conflict reports in the last 48 hours about whether the Kunstmuseum Bern had reached a decision to accept the inheritance from and appointment as heir by Cornelius Gurlitt. Gurlitt, who died in early May shortly after reaching an agreement with the Bavarian prosecutor concerning the 1,280 works of art seized… Continue Reading

Bavaria and Germany Move to Dismiss Gurlitt Litigation, But Raise Questions About Why They Are Resisting a Lawsuit Over Painting that Task Force Recommended They Restitute to David Toren

Posted in Gurlitt Collection, Restitution, World War II

To date, only one lawsuit has been filed in the United States related to the seizure from Cornelius Gurlitt’s apartment of some 1,280 works of art, a story that broke a year ago with the concern about the objects’ Nazi-looting connections via his father Hildebrand Gurlitt (the view here last winter was that the longer… Continue Reading

Germany Announces “Center for Cultural Property Losses”: Real Progress or Window Dressing?

Posted in Gurlitt Collection, Restitution

After numerous intimations by German Minister of Culture Monika Grütters, the German federal cabinet announced on Wednesday the official formation of the German Center for Cultural Property Losses (Deutsches Zentrum Kulturgutverluste).  Citing its “awareness of the special responsibility for the reworking of Nazi art theft,” the ruling CDU coalition issued this statement (my translation): The… Continue Reading

The Art Law Report Turns Three: the Training Wheels are Off

Posted in Copyright, Cy Pres, Deaccession, Detroit Bankruptcy, Fair Use, Gurlitt Collection, Restitution

As I have before, I wanted to mark the third anniversary of this blog since we posted three articles on September 15, 2011.  In the last year, you (the reader) have helped the Report grow beyond our most optimistic hopes.  We have done our best to cover significant events like the Gurlitt saga and restitution issues, the… Continue Reading

Kunstmuseum Bern Still Undecided About Gurlitt Inheritance as Regional Politics Loom

Posted in Gurlitt Collection, Museums

Almost none of the legal issues flowing from the seizure of some 1,280 works of art from Cornelius Gurlitt’s apartment in 2012, his agreement with the Bavarian prosecutor, and the ongoing review of the collection for connections to Nazi looting can be resolved until his named heir—the Kunstmuseum Bern—decides whether or not to accept that… Continue Reading

Gurlitt Task Force Issues Second Public Recommendation, Urges Restitution of Liebermann painting to David Toren—Lawsuit Not Over Yet

Posted in Gurlitt Collection, Restitution, World War II

Eileen Kinsella at ArtNet news reported today that the Gurlitt Taskforce has recommended the restitution of the Max Liebermann painting Riders on the Beach (Reiter am Strand) to David Toren, a New York man who left Germany at age 14 in 1939.  His great uncle David Friedmann lived in Breslau, the capital of Silesia (now… Continue Reading

Curiouser and Curiouser: Still More Gurlitt Paintings Found, Nazi-Looting Connections Unknown

Posted in Gurlitt Collection, Restitution, World War II

As if the Cornelius/Hildebrand Gurlitt saga needed any more complications as the world awaits the official decision by the Kunstmuseum Bern about whether to accept the appointment as Cornelius Gurlitt’s heir, even more artwork has apparently turned up.  Der Spiegel, the Frankfurter Allgemeine Zeitung, and the Wall Street Journal have reported that one picture and… Continue Reading

Claims by Mendelssohn Bartholdy Heirs over Picasso “Madame Soler” Dismissed, Court Finds No FSIA Jurisdiction After Evidentiary Hearings

Posted in Foreign Sovereign Immunities, Gurlitt Collection, Restitution, World War II

The U.S. District Court for the Southern District of New York has dismissed claims for ownership of Madame Soler by Pablo Picasso, currently at the Pinakothek der Moderne in Munich.  Just as the relevance of Judge Jed Rakoff’s comments over another art restitution case brought by the heirs of Paul von Mendelssohn Bartholdy unexpectedly came… Continue Reading

Gurlitt Task Force Makes First Determination that Matisse “Seated Woman” Was Stolen From Rosenbergs; Questions Remain About What Happens Next

Posted in Gurlitt Collection, Restitution, World War II

The Gurlitt Task Force has issued its first public conclusion about the status of work amongst the collection found in Cornelius Gurlitt’s apartment.  Chair Ingebeborg Berggreen-Merkel issued a statement today that (my translation): Even if it could not be documented with certainty under what circumstances Hildebrand Gurlitt came into the possession of the work, the… Continue Reading

The Next Gurlitt? Records from Weinmüller Auction House Made Available Online

Posted in Gurlitt Collection, Restitution, World War II

Among the many legacies of the Gurlitt saga is a renewed focus on the importance of Nazi-approved art dealers like Karl Haberstock to the expropriation, outlawing, and re-sale of art either owned by Jewish collectors or which was thematically disapproved by the Nazi state.  Relatedly, it has served as a reminder of the often cursory… Continue Reading

Cornelius Gurlitt Attorney References “Only Eight Works” in Relation to Nazi Persecution, Likely More of an Update than Assertion of Ownership

Posted in Gurlitt Collection, Restitution, World War II

The attorney for the recently deceased Cornelius Gurlitt, Stephan Edel, told Der Spiegel today that “At the present time, only eight works must be returned from the collection as a result of Nazi persecution,” (my translation).  Edel went on to say “Whether further works will follow, must await the results of the ongoing research.” This… Continue Reading

Great-Nephew May Challenge Gurlitt Will and Appointment of Kunstmuseum Bern as Sole Heir, Second Will is Confirmed

Posted in Gurlitt Collection, Restitution, World War II

When news first broke that Cornelius Gurlitt had named the Kunstmuseum in Bern as his sole heir (and not merely as the recipient of his art collection), we wondered whether some putative heir to Gurlitt—and thus to at least part of the art collection under suspicion for containing Nazi-looted art—might challenge that appointment. We did… Continue Reading

Gurlitt Bequest to Kunstmuseum Bern: German Language Analysis Roundup

Posted in Gurlitt Collection, Restitution, World War II

Discussion continues to swirl about how the passing of Cornelius Gurlitt this week will affect the review and possible return of the paintings found in his Munich apartment, and those in Austria.  Not surprisingly, the majority of reflections on the news that Gurlitt appointed the Kunstmuseum in Bern, Swizterland as his sole heir are in… Continue Reading