US Court Rules Spanish Museum May Retain Pissarro Painting Looted by Nazis
US court allows Madrid museum to keep looted Nazi painting from Jewish woman; controversial ruling sparks debate over restitution of stolen art
The 9th US Circuit Court of Appeals in Pasadena, California, ruled on Tuesday that Madrid's Thyssen-Bornemisza museum can maintain ownership of a painting by French impressionist Camille Pissarro, despite a claim from the heirs of a Jewish woman from whom the Nazis looted the artwork. This decision puts an end to a more than two-decade-long pursuit of ownership by the woman's descendants in one of the longest-running Nazi art theft cases, which first began in 2005 and made its way to the US Supreme Court two years ago.
Pissarro's painting "Rue Saint Honore, Afternoon, Rain Effect", depicting a Paris street scene, was stolen from Lilly Neubauer in 1939. She was forced to sell it for 900 Reichsmarks ($360) in order to obtain a visa and flee Nazi Germany. Neubauer was never compensated for the painting.
After passing through several owners, the 1897 painting was purchased by the Thyssen family in 1993 from Baron Hans Heinrich Thyssen-Bornemisza. It is currently on display and remains in their possession.
After discovering the whereabouts of the painting, Neubauer's grandson, Claude Cassirer, sought its return in 2001 and filed a lawsuit four years later. Following his passing in 2010, his son David, daughter Ava's estate, and the United Jewish Federation of San Diego County now oversee the case.
The painting (far right) on display at Madrid's Thyssen-Bornemisza museum, which acquired the work in 1993.
In his decision on Tuesday, Circuit Judge Carlos Bea determined that Spain's priority in ensuring "certainty of title" for its museums was more important than California's interest in preventing theft and securing restitution for stolen art victims residing in the state.
He argued that applying Spanish law, rather than California law, justified Thyssen's entitlement to the painting. As they had owned and displayed it in good faith for eight years before its ownership was questioned.
In a concurring opinion, Circuit Judge Consuelo Callahan stated that Spain should have voluntarily returned the painting, showing its commitment to returning Nazi-looted art to victims. However, the law compelled a different outcome.
"I wish that it were otherwise," she wrote.
One familys battle to be reunited with art looted by the Nazis
Two years after the Supreme Court overturned a previous 9th Circuit decision for misapplying choice-of-law rules, a new decision was made on Tuesday. The lawyers representing the Cassirers stated that the decision failed to clarify Spain's interest in applying its laws to the ownership of war spoils. They intend to request a review by an 11-judge 9th Circuit panel.
"The Cassirers argue that it is critical to challenge Spain's ongoing refusal to return Nazi looted art, particularly given the current surge of antisemitism both domestically and globally," stated the lawyers.
Thaddeus Stauber, legal counsel for the Thyssen, deemed the decision "a positive resolution to this matter."
