In the News: Austrian Performer’s Heirs Found to Have Superior Right to Looted Schiele Works

…Under New York law, Nagy could only receive good title to the artworks from a seller with good title to give. Since no evidence was presented to show anyone involved in the sale of the works since Grünbaum’s death had good title, Nagy was unable to prove he held title superior to the heirs…

Die deutsche Übersetzung des Artikels befindet sich am Ende des Posts.

20190823 New York Appellate Court Upholds Purpose of HEAR Act_ Austrian Performer’s Heirs Found to Have Superior Right to Looted Schiele Works _ Institute of Art and Law
20190823New York Berufungsgericht unterstützt das Ziel des HEAR Act -de

NY Appeals Court Explains Why Nazi-Stolen Paintings Belong With Gruenbaum’s Heirs

In a deeply researched opinion that it appears could embolden legal efforts by Jewish heirs to reclaim Nazi-stolen art worldwide, a state appeals court Tuesday ruled that two highly valued early 20th century paintings looted by the Nazis belong to the heirs of the Austrian Jewish entertainer who first collected them.

https://www.law.com/newyorklawjournal/2019/07/09/ny-appeals-court-explains-why-nazi-stolen-paintings-belong-with-jewish-collectors-heirs/

NY Appeals Court Explains Why Nazi-Stolen Paintings Belong With Jewish Collector's Heirs _ New York Law Journal

Austria – Great shift of paradigm in Restitution

It is extraordinarily gratifying that the Advisory Board of the Commission for Provenance Research in the Gertrude Felsoevanyi case has come up with a paradigm shift in the return of looted art which is in possession of the Republic of Austria.

Until now, a formal confiscation had to be proved, but now the German view of restitution is shared, namely that the loss due to persecution is decisive for restitution.

This view is taken with a delay of 25 years, but nevertheless …Chapeau!

It is also noteworthy that the decision is a revision of an earlier decision and that this revision is not based on previously unknown evidence, but on a different view from that taken 18 years ago.

It now remains to be seen to what extent the Commission for Provenance Research will revise and, if necessary, correct its own earlier decisions.

As there is no right of application, the Commission for Provenance Research must take action of its own – hopefully it will!

English Translation is added in the end of the document
Felsoevanyi_Gertrude_2019-04-12 EN und Deutsch

 

Event in NY: ART RESTITUTION – Fair and Just Solutions?

presents

ART RESTITUTION
Fair and Just Solutions?

Thursday, May 23, 2019 • 6:30 PM

—Free Admission & Open to the Public—

New York City Bar Association
42 West 44th Street, New York, NY 10003

Register Now!

This program brings together Hon. John M. Walker Jr. as panel moderator with prominent attorneys in the field of art restitution to discuss the direction of court decisions. We are also pleased to have the Executive Director of the International Foundation for Art Research and the International Director of Restitution at Christie’s look back to the Nazi stolen art era and forward on the broadening of the definition of looted and stolen art.

FEATURING

Hon. John M. Walker, Jr., Panel Moderator
U.S. Circuit Judge, U.S. Court of Appeals for the Second Circuit

Raymond J. Dowd, Esq.
Partner, Dunnington Bartholow & Miller LLP

Monica Dugot
International Director of Restitution, Christie’s

Dr. Sharon Flescher
Executive Director, International Foundation for Art Research (IFAR)

Lawrence M. Kaye, Esq.
Partner, Herrick Feinstein LLP

William Pearlstein, Esq.
Partner, Pearlstein McCullough & Lederman LLP