Laws:

Law No. 212/2000 of 23 June 2000

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Title 
Law No. 212/2000

Date
23 June 2000

Description
This law provides for the restitution of cultural property seized from individuals and communities between 29 September 1938 and 4 May 1945 free of charge. Part Three of the law includes a list of some items of looted property in the Czech Republic which were transferred to the Jewish Museum in Prague for restitution following enactment of this law. Full details of these objects are available on the Jewish Museum website. 

Initially Law 212/2000 expired at the end of 2002 so that no claims could be made after that date.  The Commission for Looted Art in Europe together with the Federation of Czech Jewish Communities negotiated with the Czech Minister of Culture and in March 2002 secured a first extension of the law until the end of 2006.  Following further representations in the course of 2006 by the Commission for Looted Art in Europe, the Federation of Czech Jewish Communities, the World Jewish Restitution Organisation and the Claims Conference this was then extended further so that there is now no time limit for claims.

Following publication of the law in 2000, the Czech government published a database of works of art unlawfully taken from victims of the Holocaust which had been identified in Czech public collections.  These works of art are available in the database here on www.lootedart.com: on the Search page, under 'Object Search', type 'Czech Republic' into the 'Country' box to view these works of art.  All these objects are available for restitution under Czech Law 212/2000 and were identified in Czech public collections as a result of the initiative of the Joint Working Group of the Government of the Czech Republic. The research was carried out under the auspices of the Ministry of Culture.

The list is not a complete account of all looted works of art in Czech public collections.  The Ministry of Culture publicly committed to carrying out further research in 2002 and thereafter and to adding its new findings to the database. No significant amount of material has however been added since first publication.  For detailed information and contact information, click here.  

Law No. 212/2000
ACT of 23 June 2000

to mitigate certain property-related injustices caused by the Holocaust and to amend Act No. 243/1992 to regulate certain issues relating to Act No. 229/1991 regulating the ownership of land and other agricultural property as amended by Act No. 93/1992 as amended

The Parliament has passed the following Act of the Czech Republic:

PART ONE
MITIGATION OF CERTAIN PROPERTY-RELATED INJUSTICES CAUSED BY THE HOLOCAUST
Section 1  
(1) With a view to mitigating certain property-related injustices suffered between 29 September 1938 and 8 May 1945 by Jewish communities, foundations and associations deprived of their assets in consequence of transfers or devolutions of title annulled by Decree of the President of the Republic No. 5/1945 or by Act No. 128/1946, assets owned by the State on the effective date of this Act that prior to the said annulled transfers or devolutions were owned by Jewish communities, foundations and associations, shall be transferred free of charge to the Federation of Jewish Communities in the Czech Republic or to the Jewish communities in the Czech Republic, with the exception of 
(a) agricultural and forest land located within the borders of national parks, national natural reserves, national natural monuments, nature reserves and natural monuments and the first zones of protected landscape areas, 
(b) assets strictly necessary for the discharge of the functions of the Czech Republic arising from laws and regulations, unless any other assets are available for the discharge of such functions,
(c) land on which a building not constituting part of the assets seized from Jewish communities, foundations or associations is located, or
(d) land on which a building falling within the scope of (b) above is located, or land forming a single functional unit with such building.
(2) Assets in State ownership enumerated in the Schedule to this Act shall be transferred free of charge to the Jewish Museum in Prague not later than 30 days after the effective date of this Act.


Section 2  
(1) The Federation of Jewish Communities in the Czech Republic shall before 30 June 2002 submit to the Government a list of assets falling within the scope of Section 1, paragraph (1), indicating the parties to whom the said assets are to be transferred free of charge.
(2) The Government shall by a directive indicate assets falling within the scope of Section 1 to be transferred free of charge under paragraph (1), and shall make provision as to the procedures for such transfers.

Section 3  
(1) Works of art seized between 29 September 1938 and 4 May 1945 from natural persons in consequence of transfers or devolutions of title annulled by Decree of the President of the Republic No. 5/1945 or Act No. 128/1946, owned by the State on the effective date of this Act, shall be transferred free of charge to the natural person who owned them prior to the seizure, and if the natural person has in the meantime deceased, to his/her spouse or to his/her descendants, if the original owner and his/her spouse have in the meantime deceased.
(2) Gratuitous transfers under paragraph (1) shall be effected on the basis of a claim against the party managing the assets concerned under special legislation, filed not later than on 31 December 2002, otherwise the claim shall be extinguished.

Section 4  
It is the duty of a party managing, under special legislation, assets owned by the Czech Republic falling within the scope of paragraph (1) to transfer such assets free of charge.

Section 5  
Any disputes arising from the application of this Part of the Act shall be resolved by the courts.


PART TWO

Amendment to Act No. 243/1992 to regulate certain issues relating to the Land Act as amended

Section 6  
Act No. 243/1992 to regulate certain issues relating to Act No. 229/1991 to regulate the ownership of land an other agricultural property as amended by Act No. 93/1992, Act No. 441/1992, Constitutional Court Finding No. 29/1996 and Act No. 30/1996, is amended as follows:
1. In Section 2, after paragraph (1), insert new paragraph (2) which runs as follows:
2. "(2) The entitled party shall also be a citizen of the Czech Republic who was deprived of assets falling within the scope of special legislation 2) between 29 September 1938 and 8 May 1945 and qualified for claims under Decree of the President of the Republic No. 5/1945 to annul certain property transactions effected in the period of restricted liberties and to impose national administration on the properties of Germans, Hungarians, traitors and collaborators and certain organizations and institutions, or under Act No. 128/1946 to annul certain property transactions effected in the period of restricted liberties and other interference with property, but the property was not restored to such entitled party, nor did he/she receive compensation under the cited legislation although he/she should have been compensated under the cited legislation, nor did he/she receive compensation under international treaties concluded between the Czechoslovak Republic and other States after the Second World War.".

Paragraphs (2) and (3) are renumbered as paragraphs (3) and (4).
3. In Section 2, paragraph (3), after "in paragraph (1)" insert "or (2)".
4. In Section 3, paragraph (1) runs as follows:
"(1) Properties that devolved to the State or any other legal entity in situations stated in Section 2, paragraphs (1) and (2), shall be restored to the entitled parties.".
4. Section 6, including footnote 5a), runs as follows:
"Section 6
(1) Assets cannot be restituted 
(a) if they have already been restituted under special legislation, 
(b) if a privatization project concerning such assets is approved as of the effective date of this Act, 
(c) if a decision on the privatization of such assets is issued as of the effective date of this Act, 
(d) if a claim for the restitution of such assets has been filed, until the decision on such claim becomes final.
(2) The entitled party shall be eligible to receive compensation provided under special legislation.5a) Compensations for assets that cannot be restituted, and the procedures for compensation claims, shall be regulated by special legislation.5)

5a) Section 18a, paragraph (2) of Act No. 229/1991 as amended by Act No. 183/1993.".
5. In Section 11a, insert paragraph (3) which runs as follows:
"(3) The entitled party falling within the scope of Section 2, paragraph (2), may file a claim for the restitution of property under this Act not later that on 30 June 2001.".


PART THREE

EFFECT

Section 6  
(1) The provisions in Part One of this Act shall take effect on the first day of the second month after the date of promulgation.
(2) The provisions in Part Two of this Act shall take effect on the date of promulgation.
Schedule to Act No. 212/2000
Assets owned by the State to be transferred under Section 1, paragraph (2)
6. JEWISH MUSEUM 27 486, Frant. Meister, Mercury with Actaeon and Herd, oil, 950x770mm
NATIONAL GALLERY O 10733, Central European painter, 1st half of 18th century, Mythological Scene, oil, canvas, 945x770mm
7. JEWISH MUSEUM 60537, V. Špála, Illustration from "Babic8. ka", watercolour, 295x440mm
8. NATIONAL GALLERY DK 5310, Špála Václav, Illustration from "Babicka", watercolour, 295x 440mm 
9. JEWISH MUSEUM 60539, V. Špála, Rustic Jug, oil, 450x360mm
NATIONAL GALLERY O 11013, Špála Václav, Bouquet in a Blue Vase, oil, canvas, 460x370mm
10. JEWISH MUSEUM 60540, Jan Slavíc11. ek, Still Life, watercolour, 620x500mm
NATIONAL GALLERY DK 5309, Slavícek Jan, Still Life, watercolour, 620x500mm
12. JEWISH MUSEUM 60 556, Žufan, Farmyard, watercolour, 240x310mm
NATIONAL GALLERY K 43125, Žufan Borivoj, Farmyard, watercolour, 240x310mm
13. JEWISH MUSEUM 60569, Max Schurmann, Countryside in Spring, oil, 770x620mm
NATIONAL GALLERY O 11007, Schurmann Max, Road above a Village, oil, cardboard, 770x615mm
14. JEWISH MUSEUM 60571, Emil Filla, Still Life, oil, 380x540mm
NATIONAL GALLERY O 11018, Filla Emil, Still Life with a Tray and Wine Bottle, oil, canvas, 380x555mm
15. JEWISH MUSEUM 60572, V. Špála, Yugoslav Landscape, watercolour, 480x630mm
16. NATIONAL GALLERY K 43133, Špála Václav, Yugoslav Landscape, watercolour, 480x630mm
17. JEWISH MUSEUM 60578, Jan Bauch, Female Nude, oil, 400x580mm
NATIONAL GALLERY O 11020, Bauch Jan, Female Nude, oil, canvas, 585x405mm
18. JEWISH MUSEUM 60580, Vlaminck, Road through a French Village, watercolour, 455x545mm
NATIONAL GALLERY DK 5319, Vlaminck, Road through a French Village, watercolour, 455x545mm
19. JEWISH MUSEUM 60581, Maurice Utrillo, St. Peter´s Church at Place du Marché in Paris, watercolour, 500x655mm
NATIONAL GALLERY K 43129, Utrillo Maurice, St. Peter´s Church at Place du Marché in Paris, watercolour, 500x655mm
20. JEWISH MUSEUM 60587, unknown Russian author, Large Still Life, oil, 1250x1430mm NATIONAL GALLERY O 11034, Russian painter (1911), Still Life with Flowers, oil, canvas, 1255x1430mm
21. JEWISH MUSEUM 60589, Žufan, Large Flower Bush, watercolour, 570x440mm
NATIONAL GALLERY K 43126, Žufan Borivoj, Large Flower Bush, watercolour, 570x440mm
22. JEWISH MUSEUM 60608, Paul Signac, A Steamship on the Seine, oil, 740x920mm
NATIONAL GALLERY O 11032, Signac Paul, The Seine at Samois, oil, canvas, 740x925mm
23. JEWISH MUSEUM 60609, V. Zykmund, Memory of a Deserted House, oil, 520x655mm
NATIONAL GALLERY O 11029, Zykmund V., Deserted House, oil, canvas, 505x655mm
24. JEWISH MUSEUM 60618, Vlaminck, Small Town in Winter, drawing, 450x550mm
NATIONAL GALLERY DK 5320, Vlaminck, Small Town in Winter, drawing, 450x550mm 
25. JEWISH MUSEUM 60619, Vlaminck, French Village in Winter, drawing, 450x550mm
NATIONAL GALLERY DK 5321, Vlaminck, French Village in Winter, drawing, 450x550mm
26. JEWISH MUSEUM 60620, Vlaminck, French Village, 600x700mm
NATIONAL GALLERY K 43120, French Village, drawing, 600x700mm
27. JEWISH MUSEUM 60623, V. Sychra, Reclining Female Nude, oil, 490x930mm
NATIONAL GALLERY O 11008, Sychra V., Reclining Nude, oil, canvas, 480x940mm
28. JEWISH MUSEUM 60630, V. Špála, Still Life, oil, 320x410mm
NATIONAL GALLERY O 11014, Špála Václav, Still Life with a Melon, oil, canvas, 310x405mm
29. JEWISH MUSEUM 60631, KubiŠta, Landscape with a Factory, oil, 670x820mm
NATIONAL GALLERY O 11015, KubiŠta B., A Factory at Bráník, oil, canvas, 670x825mm
30. JEWISH MUSEUM 60648, Portrait of a Lady, oil, 1100x800mm
NATIONAL GALLERY 011002, Sychra V., Lady in a Red Cape, oil, canvas, 1100x790mm
31. JEWISH MUSEUM 60653, Prof. Wagner, Countryside in Summer, oil, 540x680mm
NATIONAL GALLERY O 11004, Wagner K., Landscape with Trees, oil, canvas, 540x675mm
32. JEWISH MUSEUM 60654, Salzmann Martin, Female Nude, oil, 550x450mm
NATIONAL GALLERY O 11024, Salcman, Female Nude, oil, canvas, 550x460mm 
33. JEWISH MUSEUM 60661, J. Bauch 1930, Dance in a Night Bar, oil, 580x835mm
NATIONAL GALLERY O 11069, Bauch Jan (Rykr?), Dance in a Café, oil, canvas, 675x825mm
34. JEWISH MUSEUM 60663, Segal A., Path in a Park 27, oil, 680x890mm
NATIONAL GALLERY O 10991, Segal A., Landscape with Walkers, oil, canvas, 685x890mm
35. JEWISH MUSEUM 60667, A. Adámek, Dalmatian Coastal Landscape, oil, 500x620mm
NATIONAL GALLERY O 10998, Adámek A., Dalmatian Landscape II, 1937, oil, canvas, 495x630mm
28. JEWISH MUSEUM 60672, E.A.LoNárodní galerieen, Landscape with a River, oil, 590x610mm
NATIONAL GALLERY O 11016, Pitterman-LoNárodní galerieen, E.A., Factory by a River, oil, canvas, 580x605mm
29. JEWISH MUSEUM 60674, N. Jahudková, Mountain Landscape, oil, 430x600mm
NATIONAL GALLERY O 10996, Jahudková N., Mountain Landscape with a Roadside Cottage, oil, canvas, 435x610mm
36. JEWISH MUSEUM 60680, O. Kerhart, Corsican Landscape, oil, 649x750mm
NATIONAL GALLERY O 11022, Kerhart A., Southern Landscape with Figures, oil, canvas, 630x755mm
37. JEWISH MUSEUM 60684, A. Moravec, 2 Girls with a Flower Bowl, oil, 480x650mm
NATIONAL GALLERY O 11023, Moravec A., Two Women at a Table, oil, cardboard, 475x630mm
38. JEWISH MUSEUM 60685, E. Huber, Panoramatic view, oil, 700x1000mm
39. NATIONAL GALLERY O 11006, Huber E., The town of Kuessnacht, oil, canvas, 700x1000mm
40. JEWISH MUSEUM 60687, J. Klein von Diepold, Factory Yard, oil, 600x800mm
NATIONAL GALLERY O 10995, Klein von Diepold V., Market Garden, oil, canvas, 620x775mm
41. JEWISH MUSEUM 60688, Cyprian Majerník, Don Quixote, 290x420mm
NATIONAL GALLERY DK 5315, Majerník Cyprian, Don Quixote, drawing, 290x420mm
42. JEWISH MUSEUM 60689, Dufresne, Interior of a Studio, drawing, 300x390mm
NATIONAL GALLERY DK 5323, Dufresne, Interior of a Studio, 300x390mm 
NATIONAL GALLERY K 43068, Signac A., Landscape, watercolour, 280x440mm
44. JEWISH MUSEUM 60692, Bor. Žufan, Forest Scenery, oil, 650x1000mm
NATIONAL GALLERY O 11021, Žufan Borivoj, A House among Trees, oil, canvas, 650x1000mm
45. JEWISH MUSEUM 60693, V. Špála, Large Bouquet, oil, 950x700mm
NATIONAL GALLERY O 11009, Špála Václav, Bouquet in a Vase, oil, canvas, 950x700mm 46. JEWISH MUSEUM 60694, V. Špála, Small Town in Summer, oil, 650x810mm
NATIONAL GALLERY O 11012, Špála Václav, Church in a Resort Town, oil, canvas, 645x815mm
47. JEWISH MUSEUM 60700, V. Špála, House in a Park, oil, 810x660mm
NATIONAL GALLERY O 11011, Špála, In a park, canvas, 810x650mm
48. JEWISH MUSEUM 60702, J. Grus, Landscape, oil, 800x990mm
49. NATIONAL GALLERY O 11005, Grus Jaroslav, Road through Trees, oil, canvas, 800x990mm 
50. JEWISH MUSEUM 607704, V. Sychra, Portrait of a Lady, oil, 600x500mm
NATIONAL GALLERY O 11010, Sychra V., Portrait of a Woman, oil, canvas, 655x500mm
51. JEWISH MUSEUM 60705, Maurice Utrillo, Vision of Calvados, oil, 350x460mm
NATIONAL GALLERY O 11030, Utrillo Mauric, Vision (Calvados), oil, canvas, 380x460mm 
52. JEWISH MUSEUM 60707, Vlaminck, Landscape, watercolour, 300x385mm
NATIONAL GALLERY DK 5317, Vlaminck, Landscape, watercolour, 300x385mm
53. JEWISH MUSEUM 60708, A. Derain, Portrait of a Woman, oil, 360x270mm
NATIONAL GALLERY O 11031, Deraine André, Head of a Young Woman, oil, canvas, 355x270mm 
54. JEWISH MUSEUM 60710, A. Adámek, Dalmatian Landscape, oil, 560x685mm
NATIONAL GALLERY O 10994, Adámek A., Dalmatian Landscape I, oil, canvas, 560x680mm 
55. JEWISH MUSEUM 73002, FerdiŠ DuŠa, Slovak Mountains, copper engraving, 295x395mm
NATIONAL GALLERY R 150890, DuŠa FerdiŠ, Slovak Mountains, copper engraving, 295x395mm 
56. JEWISH MUSEUM 73003, Willi Novak, 3 Girls, oil, 440x570mm
NATIONAL GALLERY O 11027, Nowak W., Three Girls with Cherries, oil, canvas, 420x555mm
57. JEWISH MUSEUM 73006, Willi Nowak, Landscape with a River, oil, 370x495mm 
58. NATIONAL GALLERY O 11028, Nowak W., Summer Landscape with Figures, oil, canvas, 365x495mm 
59. JEWISH MUSEUM 73007, Rud. Bém, Skating Rink, oil, 900x825mm
NATIONAL GALLERY O 10993, Bém Rudolf, Embankment in Winter, oil, canvas, 900x815mm 
60. JEWISH MUSEUM 73008, Otto Dill, Polo Players, oil, 500x680mm
NATIONAL GALLERY O 10985, Dill Otto, Polo Players, oil, wood, 500x660mm
61. JEWISH MUSEUM 73012, Bedr. Kausek, Spanish Mountain Town, oil, 1000x850mm
NATIONAL GALLERY O 11003, Kausek F., Southern Town with a Bridge, oil, canvas, 1005x855mm
62. JEWISH MUSEUM 73016, V. Heise, Landscape with a River, oil, 470x620mm
NATIONAL GALLERY O 11001, Heise V., Houses with a River and Bridge, oil, canvas, 480x600mm 
63. JEWISH MUSEUM 73020, Willi Nowak, A Bathing Party, watercolour, 260x330mm
NATIONAL GALLERY DK 5314, Nowak W., A Bathing Party, watercolour, 260x330mm 
64. JEWISH MUSEUM 73024, Willi Hamacher, Bobbin Lace Makers, oil, 760x1030mm
NATIONAL GALLERY O 11000, Hamacher Willy, Women Repairing Fishing Nets, oil, canvas, 750x1000mm 
65. JEWISH MUSEUM 73138, Aug. Broemse, Summer Night, copper engraving, 290x180mm
NATIONAL GALLERY R 150889, Broemse A., Summer Night, copper engraving, 290x180mm
66. JEWISH MUSEUM 89309, Otakar Nejedlý, Mountains at Sunrise, oil, 485x575mm 
67. NATIONAL GALLERY O 10997, Nejedlý O., Landscape with a Castle, oil, canvas, 480x585mm
68. JEWISH MUSEUM 89495, Renoir Auguste, Nude, oil, 250x175mm
NATIONAL GALLERY O 10869, Renoir Auguste, Standing Nude in Scenery, oil, canvas, 255x180mm 
69. JEWISH MUSEUM 97007, Filla Emil, Still Life, oil, 350x240mm
NATIONAL GALLERY O 11017, Filla Emil, Still Life with a Salmon Head, oil, canvas, 240x350mm
70. JEWISH MUSEUM 97024, Marvánek O., Ploughing, oil, 490x650mm
NATIONAL GALLERY O 11026, Marvánek O., Ploughing with Cows, oil, cardboard, 490x650mm
71. JEWISH MUSEUM 97028, Rodionov M., Old Man, oil, 540x435mm
NATIONAL GALLERY O 10992, Rodionov N., Head of an Old Man, oil, canvas, 545x435mm
72. JEWISH MUSEUM 97030, Rodionov M., Head of a Russian Monk, oil, 500x400mm
NATIONAL GALLERY O 11033, Rodionov N., Portrait of Dostoyevski, oil, canvas, 505x405mm 
73. JEWISH MUSEUM 97018, Oldr. Koníc74. ek, Fisherman at the Seaside, oil, 550x650mm
NATIONAL GALLERY O 11025, Konícek O., Southern Town, oil, canvas, 555x665mm SPI Publishing Ltd.

Source
Ministry of Culture of the Czech Republic in cooperation with the Moravian Museum

Central Registry Archives, Correspondence, 22 March 2002 and thereafter.

Restitution- Art
<http://www.restitution-art.cz/english/main.html> , accessed 9 July 2003 and thereafter.

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