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(Q107614552)

English

claim for restitution of an artwork

legal complaint

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Mannheimer’s family declined to claim at least part of his Meissen collection, because they would have had to refund the price paid by Hitler’s curators, so much of the Oppenheimer porcelain passed without a struggle into the collection of the Dutch National Art Collection. Many of the objects were loaned to the Rijksmuseum in Amsterdam until Oppenheimer heirs successfully initiated a restitution claim in 2015. (English)
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Tucked away in Christie’s catalog for its auction of Impressionist and Modern art on Nov. 8 — between the splashy canvases by Klimt and a colorful street scene by Ernst Ludwig Kirchner, all being sold because of restitution claims — is an early Picasso still life that has also found its way to auction because of its newly discovered past.“Still Life With Portrait,” an unsigned 1906 work that Picasso painted while spending part of the summer in Gósol, a village in the Pyrenees, is being sold as a result of an agreement between the owner, Duncan V. Phillips — grandson of Duncan C. Phillips, the collector who was the founder of the Phillips Collection in Washington — and heirs of Ernst Schlesinger, a collector from Hamburg, Germany, who died in 1925. Mr. Schlesinger left the painting to Johanna Meyer Udewald, a Hamburg dentist who died at Auschwitz. The painting was later owned by several collectors and dealers until 1952, when Phillips bought it. A claim by Ms. Meyer Udewald’s heirs in 2001 led to five years of research across 11 countries, with an unexpected outcome. When Mr. Schlesinger’s will was discovered, it stated that the painting’s rightful owners were not Ms. Meyer Udewald’s heirs. He gave her only a lifetime (English)
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Friday, 25 January 2013 The Dutch Advisory Committee on the Assessment of Restitution Applications for Items of Cultural Value and the Second World War has issued its advise regarding the claim of the heirs of Nathan and Benjamin Katz concerning 187 paintings and 2 tapestries in the Netherlands Art Property Collection (NK Collection) containing art recovered from Germany after the war. The claim has mostly been rejected, but for one painting: Man with a high cap by F. Bol (NK 1668), which ahd been on loan to Museum Gouda for the last 50 years. The commission concludes that in the case of the painting by Bol, ownership of this work by art dealership Katz has been ascertained. Art dealership Katz sold the work to Hans Posse at the end of November 1941. According to the Committee, this transaction was a situation that involved duress. (English)
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15 May 2013: The Bavarian State Painting Collections, Munich, agreed to return two watercolours to the heirs of Professor Curt Glaser, having determined conclusively that the auction of his art collection and library were entirely due to Nazi persecution. Their research also concluded that a painting from the George Behrens collection was the subject of a forced sale between 1935 and 1940 and should also be restituted. (English)
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April 1941: Five paintings of the inventoried estate were sold at auction: “La Visitation” by Moretto da Brescia (1498-1554); “La Sainte Famille” by Bernardo Strozzi (1581-1644); “Alexandre et Campaspe chez Apelle” by Giambattista Tiepolo (1669-1770); “Joueurs de cartes devant une cheminée” by Alessandro Magnasco (1667-1749); and “Portrait de femme” by Rosalba Carriera (1675-1757). The paintings were purchased by intermediaries on behalf of Hermann Göring, the second most powerful man during the Second World War under Adolf Hitler[5]. At the end of the Second World War, all works discovered in Göring’s collection were transferred to and stored in the Musée du Louvre in France to await restitution[6].1950: Adriana Gentili di Giuseppe first attempted to reclaim the lost paintings after seeing them on display at the Louvre. The Louvre refused her request three times in 1951, 1955 and 1961. The refusals were motivated by the fact that she failed to prove that the 1941 sale was tantamount to a forced sale and that her claim was time barred[7].19 March 1998: The sole heir of Marcello Gentili di Giuseppe, Christiane, and the heirs of Adriana Gentili di Giuseppe, Emmanuelle Maupas, Daniel and Lionel Salem, filed a lawsuit against the Musée du Louvre and the State of France. Essentially, the heirs asked the Court to declare the 1941 sale void and order the five paintings’ restitution plus damages. (English)
 
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