Development May be Coming Soon In Klimt Beethoven Frieze Case

Art Law Report 4 March 2015
By Nicholas O'Donnell

Der Standard in Austria reported this week that a recommendation is expected on Friday in the claim by the heirs of Erich Lederer to the famous Klimt Beethoven Frieze in the Secession Museum in Vienna.  The issue in this case is not a Nazi-era theft per se, but the effect of Austria’s post-war restitution law, which returned ownership to the Lederer family (it was looted from Erich Lederer under the Nazi) but forbade export, leading to a sale.  The Lederer family has argued that that amounts to a second taking.  As I made no secret last week with regard to Germany’s intended National Cultural Property Designation for the Welfenschatz that my clients have sued to recover, this kind of export prohibition is now recognized for what it is: an effort to hinder restitution.  The same kind of claim was made against the Leopold Museum in Vienna for Portrait of Wally, namely, the allegation that the post-war sale was not valid under the circumstances because of the export prohibition.  That case settled in 2010, the painting remains in Vienna.

It is, to be clear, not at all the current position of Austria.  That country’s 1998 law eliminated the last vestiges of this outdated approach.  The current dispute focuses on transactions under the old law.

As we have discussed previously, Austria’s Advisory Committee (Der Beirat gemäß § 3 des Bundesgesetzes über die Rückgabe von Kunstgegenständen aus den Österreichischen Bundesmuseen und Sammlungen, BGBl. I Nr. 181/1998 i.d.F. BGBl. I Nr. 117/2009, (Kunstrückgabegesetz)) has performed reasonably well on balance since its formation in 1998 (unlike some others in neighboring countries).  The Austrian Committee has handled questions of flight goods and sales under duress admirably.  On the other hand, this is a work of art greatly treasured in Vienna, and bound up in the fin-de-siècle image that is so beloved there.  How the Committee handles it will bear close watching.
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