US Court to Review Looted Art Case Against Spain

Karen Gullo writing for Bloomberg has a short but interesting article on a suit brought against Spain which owns a painting by Pissarro.  According to Gullo the painting was looted by the Nazi's during World War II and was purchased by Spain in 1993 . A California man is attempting to sue Spain to recover the painting that was stolen from his grandmother before fleeing Germany. In September a California Court ruled the suit against Spain could proceed.  Now that decision is being reviewed. The court did not release a reason on why the decision is being reviewed.

These complicated rightful ownership disputes typically have some element of sympathy for all parties involved, especially if current owners knew nothing of the background of the stolen art and are forced or compelled to return the stolen property. I understand rightful ownership, and stolen property is stolen property, yet I would like to see less suffering involved from.  The Bloomberg report states the painting has been sold at least three times since it was originally stolen. 

The Pissarro painting now resides in the collection of Baron Hans-Heinrich Thyssen-Bornemisza, which is housed in Madrid. The article is not very clear on the current ownership, stating it is in the Thyssen-Bornemisza collection, yet was purchased by the Spanish government in 1993.The lawsuit is against the Spanish government, I suppose to compel the Spanish Government to confiscate the artwork and return to the rightful owner.

These suits show how difficult and complicated the rightful chain of ownership of looted art can be. There are so many hurdles to overcome, including international treaties, governments, ethical and moral issues, legal issues, and powerful individuals with government connections,  to name only a few when reviewing these cases of stolen and looted art.  In some cases previous and current owners are complicit while in other cases they are not.  Of course ownership and right to sell has a bearing on value.

Gullo reports

The court today set aside a September ruling by three of its judges who said that Spain, which acquired the painting in 1993, can be sued even though the work was stolen by Germany. The case will be reheard by a larger panel of judges, the court said today. It didn’t give a reason for the decision.

Claude Cassirer sued Spain and the Thyssen-Bornemisza Collection Foundation four years ago to recover the painting by French impressionist Camille Pissarro. The painting of Rue Saint-Honore in Paris was bought by Cassirer’s great- grandfather, who belonged to a wealthy Jewish family, in 1898. When his grandmother fled Germany in 1939, she was forced to surrender the painting, according to court records.

A three-judge panel ruled in September that Spain isn’t immune from the case under a U.S. law that shields foreign countries from lawsuits filed in the states. The law contains an exception for illegally expropriated property even if the country being sued hasn’t broken the law, the court said.

 To read the full Bloomberg article, click HERE.