Germany: Court rules Nazi-looted art stays in database

The German Court of Justice (BGH) ruled against an art dealer in his attempt to have an entry deleted from a database of artworks potentially looted by Nazi Germany.

The entry of the painting in the Lost Art Database as possibly looted art was based on true facts and did not affect the plaintiff's ownership of the painting, the Karlsruhe-based court ruled Friday. However, presiding Judge Bettina Brückner acknowledged that the collector was in a "predicament" as the painting would likely be difficult to sell. According to the ruling, the interests of former owners or their legal successors and the general public's interest outweighed the current owner's interest when it comes to cultural property possibly confiscated by the Nazis.

The plaintiff could choose to attempt legal action in an administrative court against the operator of the Lost Art Database, the German Center for Lost Cultural Property, the presiding judge in Karlsruhe said. The court did not publish the plaintiff's name.

Previously, the man had sued the trustees of a Canadian foundation that had commissioned the search for his artwork, "Calabrian Coast — Sicilia," by the painter Andreas Achenbach (1815-1910).

Artwork previously part of Jewish art dealer Max Stern's collection 

The painting's provenance is clear: from 1931 to 1937, it belonged to the Jewish art dealer Max Stern, who ran a gallery in Düsseldorf founded by his father. Stern was banned from carrying out his profession in 1935 by the Reich Chamber of Fine Arts, but the order was not initially enforced. In 1937, Stern sold the Achenbach painting to a private individual from Essen. In September 1937, he was forced to give up his gallery, and he emigrated two months later via England to Canada, where he died in 1987. A Canadian trust currently administers his estate. 

The plaintiff had bought the painting at auction in London in 1999, which meant there was no doubt about his rightful ownership. While the work was on exhibition in Baden-Baden in 2016, he learned that it was listed in the Lost Art Database and was being sought by Interpol. 

A settlement between the current owner and the Canadian trust that administered Max Stern's estate fell through. In court, the collector wanted the trustees to stop claiming ownership of the painting. He also wanted the search notice removed. The man indicated he did not want any further criticism of his property. He had previously also failed to have the entry deleted in lower courts.

The Lost Art Database is a publicly-accessible database set up by the German Lost Art Foundation to keep track of artworks looted or expropriated by the Nazis.

The German Center for Lost Cultural Property said it would await the detailed written justification for the ruling before considering any need for action. But it welcomed the ruling itself, and said that, by operating the database, the Center was contributing to Germany's obligation to come to terms with Nazi injustice. 

los/sms (dpa, AFP, AP)

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