Quite by coincidence, two stories we have covered in the last few days have centered around the claims by the heirs of Paul von Mendelssohn Bartholdy, a Jewish banker and art collector who was the target of Nazi persecution before he died in 1935: Julius Schoeps, Edelgard von Lavergne-Peguilhen, and Florence Kesselstatt. Another common thread… Continue Reading
Tag Archives: Germany
Lauder Editorial on Stolen Art and Museums Fails the Glass House Test
Posted in Museums, Restitution, World War IIThe Wall Street Journal published an editorial today by Ronald S. Lauder entitled “Time to Evict Nazi-Looted Art From Museums.” Lauder, the one-time U.S. Ambassador to Austria, current President of the World Jewish Congress, and Honorary Chairman of the Board of Trustees of the Museum of Modern Art in New York, is a frequent commentator… Continue Reading
Gurlitt Bequest to Kunstmuseum Bern: German Language Analysis Roundup
Posted in Gurlitt Collection, Restitution, World War IIDiscussion 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
Gurlitt Names Kunstmuseum Bern as Sole Heir. Will the Museum Want Everything that Comes with That?
Posted in Gurlitt Collection, Museums, Restitution, World War IIFollowing confirmation by his attorney that Cornelius Gurlitt had left a will, it was further revealed yesterday that Gurlitt had not merely left his collection of paintings with substantial Nazi-looting questions to a museum outside Germany, but that he had named the Kunstmuseum Bern itself as his sole heir. The Kunstmuseum is the oldest museum… Continue Reading
Cornelius Gurlitt Passes Away, Questions Remain About Recent Deal and Fate of Collection
Posted in Gurlitt Collection, Restitution, World War IICornelius Gurlitt died yesterday, six months after his art collection was revealed to the world in a Focus article, and less than a month after striking a deal with Bavarian prosecutors over the 1,280 paintings and works of art seized from his apartment as part of a tax investigation. Although that brings the investigation that… Continue Reading
New York Man Sues Germany For Liebermann Found With Gurlitt, but Allegations Face Real FSIA and Pleading Challenges
Posted in Foreign Sovereign Immunities, Gurlitt CollectionWhen I spoke in Heidelberg in January at the Institute for Jewish Studies conference “Appropriated Art—the Gurlitt Case,” one of the points I stressed in discussing U.S. restitution litigation was that the longer the Gurlitt case went unresolved (and do not be distracted by the “Voice of Russia” article that is being circulated as “Holocaust… Continue Reading
The Gurlitt Counteroffensive Continues: Complaint Filed for Return of Paintings
Posted in Gurlitt Collection, Restitution, World War IIAccording to multiple news reports and his attorneys, Cornelius Gurlitt has filed a complaint for the return of the paintings seized in 2012 by the Augsburg prosecutor. Copies are not yet available, but the Gurlitt PR website www.Gurlitt.info” has a release that states as follows (thus far only in German). Stay tuned for developments if… Continue Reading
“Gurlitt Facts” Website Posted as Part of Public Relations Offensive, Arguments Strain Credulity
Posted in Gurlitt Collection, Restitution, World War IICornelius Gurlitt’s legal team has posted a new website called “Gurlitt Info” in similar (but not identical) German and English versions that is so contradicted by the repeated disclosures by the German government, that it is hard to imagine its intended purpose. As a public relations move, it is a disaster. The tactic may explain… Continue Reading
Augsburg Prosecutor Rejects Idea of Making Deal with Gurlitt, Harvard and LACMA Beckmann Paintings Highlight Difficulty Ahead Without Agreement
Posted in Gurlitt CollectionJust days after attorneys for Cornelius Gurlitt floated the idea of discussions with survivors and heirs for a possible resolution to the questions about the artworks found in his apartment two years ago that are suspected of having been stolen or sold under duress during the Nazi era (and after the prosecutor was ordered to… Continue Reading
Cornelius Gurlitt’s Lawyers File Privacy Complaint
Posted in Gurlitt CollectionIn one of the first affirmative steps taken by Cornelius Gurlitt since the revelation of the seizure of a large number of artworks with possible Nazi-seizure connections, Gurlitt has filed a criminal complaint concerning his allegations of violations of his privacy rights. According to Gurlitt’s attorney, “The surrender of investigative information to the press, and… Continue Reading
Chabad Asks for Interim Judgment of $14.75 Million Against Russia for Defiance of Order to Return Rebbe’s Library
Posted in UncategorizedIt has been a year since the U.S. District Court for the District of Columbia instituted a fine of $50,000 per day against the Russian Federation, the Russian Ministry of Culture and Mass Communications, the Russian State Library, and the Russian State Military Archive until they comply with a 2010 judgment to return the library… Continue Reading
Recap of Ersessene Kunst—Der Fall Gurlitt (Appropriated Art—The Gurlitt Case): January 26, 2014 in Heidelberg
Posted in Events, Gurlitt CollectionI’ve just returned from my presentation in Heidelberg at the Hochschule für Jüdische Studien in Heidelberg at the conference Ersessene Kunst—Der Fall Gurlitt; Appropriated Art—The Gurlitt Case. The presentations were, without exception, outstanding. They ranged from rarely-told case stories, to sharp insights of some of the overarching principles that guide the the Gurlitt case and… Continue Reading
Bavaria to Review Draft Revision to Statute of Limitations on Claims to Art Found in Gurlitt Apartment
Posted in Gurlitt CollectionDie 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… Continue Reading
327 Gurlitt Collection Works Now Known; Time for Claims in the United States?
Posted in Foreign Sovereign Immunities, Gurlitt CollectionThe 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… Continue Reading
New York Court of Appeals Rejects a “Spoils of War” Doctrine in Flamenbaum
Posted in Restitution, World War IIThe New York Court of Appeals has decisively rejected the argument that a nation may acquire good title to a work of art by virtue of that work’s status as the “spoils of war,” an important holding that will affect future restitution claims brought under New York law. From the Court of Appeals: The Vorderasiatisches… Continue Reading
German Federal Government Wants Gurlitt Collection Made Public, Some May Have Come to U.S., More Art Seized in Stuttgart, Cornelius Gurlitt Spotted in Munich After Bizarre Request for Anonymity
Posted in Gurlitt Collection, Restitution, World War IIThe fire hose of Gurlitt collection information continues unabated. For stellar reporting keep track of Bloomberg and the Wall Street Journal in English, the FAZ and Der Spiegel in German. We’ll continue to track the legal fallout of the facts as the journalists continue to uncover them. As we expected, the German federal government is… Continue Reading
Does The Art World Have a Russia Problem?
Posted in UncategorizedSeveral overlapping issues in recent months have turned what was an awkward elephant in the room into a major issue facing the art world today. Namely: the increasing role that Russia is playing in restitution, loans and exhibition controversies has aggregated to Vladimir Putin an extraordinary amount of influence over these major international legal issues. … Continue Reading
Russia Sanctioned $50,000 per day for Defiance of Chabad Library Judgment that Led to Art and Cultural Loan Embargo
Posted in Cultural Property, Foreign Sovereign Immunities, Immunity from Seizure Act, Restitution, World War IIIn a case that has tested the principles of how a defiant sovereign defendant can be compelled to comply with a court order, the U.S. District Court for the District of Columbia has taken an emphatic step in an order issued today. The Russian Federation, the Russian Ministry of Culture and Mass Communications, the Russian… Continue Reading
Combining the Nazi Theft Exception in Senate Bill 2212 with Immunity from Seizure: Good Policy or Inconsistent Law?
Posted in Foreign Cultural Exchange Jurisdictional Immunity Clarification Act, Foreign Sovereign Immunities, Immunity from Seizure Act, Restitution, Senate Bill 2212, World War IIOpposition to Senate Bill 2212, the Foreign Cultural Exchange Jurisdictional Immunity Clarification Act (a bill the Art Law Report favors in its frequent commentaries) has been renewed recently. Senate Bill 2212 (already passed by the House of Representatives) would remove the mere display of a work of art in the United States as a satisfactory… Continue Reading
German Art Law Updates from the Dispute Resolution in Germany Blog
Posted in Copyright, Forgery, Intellectual PropertyFor those of us trying to follow art law developments in Germany, particularly to get access to original source and court documents in German, Peter Bert’s Dispute Resolution in Germany Blog is a terrific source. Between the Hans Sachs collection case and the contuing fallout from the Wolfgang Beltracchi forgery scandal and the fictional “Jägers… Continue Reading
The 2nd Circuit Pulls Back on the Reach of the FSIA, Upholds Dismissal of Claim Against Switzerland for Van Gogh Drawing
Posted in Foreign Sovereign Immunities, Restitution, World War IIAfter recent expansions of the scope of the Foreign Sovereign Immunities Act, the 2nd Circuit Court of Appeals has narrowed that statute’s route of access to the courthouse again. The 2nd Circuit affirmed on November 30, 2011 the District Court’s March 11, 2011 dismissalof Andrew Orkin’s claims to recover a Vincent Van Gogh drawing against the… Continue Reading
Beltracchi and Forgers Sentenced in Cologne
Posted in Connoisseurship, ForgeryThe forgery trial in Cologne ended yesterday with the sentencing of Wolfgang Beltracchi and his co-defendants for their now-infamous forgeries and sale of the fictional “Werner Jäger” collection-the name of his wife’s grandfather. Beltracchi was sentenced to 6 years, consistent with the deal struck last month with prosecutors, the other defendants (including his wife) to… Continue Reading
Confession in German Forgery Trial
Posted in Connoisseurship, Forgery, Intellectual Property, RestitutionOn the heels of yesterday’s interruption and pressure from the presiding judge to accept a six-year sentence, the accused leader of a forgery ring in Germany apparently confessed today to 14 forgeries. It’s been reported that he said that he enjoyed fooling collectors and experts. It is anticipated that the other defendants will receive similar… Continue Reading
German Forgery Trial Update-Deal Offered?
Posted in Connoisseurship, Forgery, Intellectual Property, RestitutionWe have been following with interest the trial in Cologne, Germany of four accused forgers. The trial began at the beginning of the month. Wolfgang Beltracchi, 60, is accused of organizing a scam that defrauded art collectors out of millions of dollars. Comedian, actor, and writer Steve Martin is among the most high-profile victims. The… Continue Reading
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