2012 Munich artworks discovery
In March 2012, 121 framed and 1,258 unframed artworks were seized by the District Prosecutor of Augsburg from an apartment in Schwabing, Munich. The artworks, suspected of being looted by the Nazis around World War II, were discovered in the possession of Cornelius Gurlitt, the son of art historian and dealer in degenerate art Hildebrand Gurlitt. The cache included works by Marc Chagall, Henri Matisse, Otto Dix and others. The magazine Focus reported the discovery on 3 November 2013. In February 2014, Gurlitt had his lawyers secure additional paintings in his Salzburg home and investigate their provenance.
On 7 April 2014 an agreement was reached by which the seized artwork is to be returned to Gurlitt in exchange for his co-operation with the government-led task force charged with determining which of the pieces was stolen and returning them to the rightful heirs. Gurlitt died on 6 May 2014. The Museum of Fine Arts Bern in Switzerland, named by Gurlitt as his sole heir in his will, stands to inherit the works.
In the 1920s and early 1930s, art dealer and collector Hildebrand Gurlitt held a number of positions within the German art and museum establishment. After the Nazis came to power, however, he was excluded from many of these because of his Jewish grandmother.
Later, appointed as a dealer for the Führermuseum in Linz and being personally instructed by Reich Minister of Propaganda Joseph Goebbels, Hildebrand was employed by the Commission for the Exploitation of Degenerate Art with Karl Buchholz (de), Ferdinand Möller (de), and Bernhard Böhmer (de) to market confiscated and stolen works of art abroad. They were instructed to sell these for foreign currency and make a good profit out of them, which he enabled through use of his extensive network of European and North American art contacts, though they did not always report all funds to the commission.
Degenerate art was legally banned from entering Germany by the Nazis. Once so designated, this art was held in what was called the Martyr's Room at the Galerie nationale du Jeu de Paume in Paris, France. Much of noted impressionist and post-impressionist dealer Paul Rosenberg's professional and personal collection was designated degenerate art by the Nazis. Following Goebbel's decree, Hermann Goering personally appointed a series of ERR approved dealers in Paris, including Gurlitt, to liquidate these art assets and then use the funds to swell his personal art collection.
It was later reported by Bild am Sonntag that, as part of its investigative process, current German authorities had gone back through Nazi records looking for correspondence exchanges with Gurlitt. Through this process it was discovered that, in May 1940, the Reich Propaganda Ministry sold 200 paintings to Gurlitt for 4,000 Swiss Francs, including Chagall’s The Walk, Picasso’s Farming Family, and Nolde's Hamburg Harbour. Hildebrand acquired an additional 115 works of degenerate art in the same way in 1941. It is hence estimated that, at its height, he had established a personal trading collection of more than 1,500 pieces.
Gurlitt used his position to sell art to domestic collectors, most notably to Bernhard Sprengel, whose collection forms the core of the Sprengel Museum in Hannover. As most of the looted degenerate art was sold overseas via Switzerland, Rosenberg's collection was scattered across Europe.[clarification needed] Today, some 70 of his paintings are missing, including: the large Picasso watercolor, Naked Woman on the Beach, painted in Provence in 1923; seven works by Matisse; and the Portrait of Gabrielle Diot by Degas.
Captured with his wife and 20 boxes of art in Aschbach in June 1945, Gurlitt told interrogating United States Army authorities (who were acting on behalf of the joint-allied army's Monuments, Fine Arts, and Archives program (MFAA)) that the art was part of his personal collection, but all of his records had been destroyed at his home in Kaitzer Strasse in the February 1945 bombing of Dresden. Assessed as a victim of Nazi persecution due to his Jewish heritage, he was released. Questioning by the authorities was focused on the MFAA's core classical art brief of preserving Europe's cultural history over the impressionist and post-impression "degenerate art" in which Gurlitt traded under the Nazis. He was only specifically questioned about the origin of some 200 paintings that stemmed from French ownership, which he stated that he had legally acquired between 1942 and 1944 from a French art dealer in Paris.
Suspicious of his story, after further investigation on 15 December 1950, the U.S. Army returned 206 items to Gurlitt, including: Max Liebermann's Two Riders On The Beach; Otto Dix's self-portrait; an allegorical painting by Marc Chagall; 112 further paintings; 19 drawings; and 72 "various other objects". Gurlitt continued trading art works until his death in a car crash in 1956.
According to Focus magazine, in September 2010 German custom officers undertook a routine search of passengers on a train from Switzerland and found Cornelius Gurlitt, Hildebrand Gurlitt's son, with €9,000 (£7,500; $13,000) in cash (which was perfectly legal, being below the €10,000 reporting limit). After further investigation by the prosecutor's office, since he was unemployed and with no obvious means of income, in September 2011 the prosecutor obtained a warrant to investigate his small flat in Schwabing, Munich. In late February 2012, when checking the premises, they discovered more than a thousand pieces of art, with a present estimated value of up to €50 million. By the end of November 2013, the leading prosecutor said in an interview that they had not found the collection by chance, but had been looking for it from the outset.
Presently being held in a secure warehouse in Garching, the collection includes recovered works by the following artists: Ernst Barlach, Max Beckmann, Canaletto, Marc Chagall, Hans Christoph (de), Gustave Courbet, Honoré Daumier, Eugène Delacroix, Otto Dix, Albrecht Dürer, Erich Fraass, Conrad Felixmüller, Bonaventura Genelli, Ludwig Godenschweg, Otto Griebel, Ernst Ludwig Kirchner, Paul Klee, Bernhard Kretschmar, Oskar Kokoschka, Wilhelm Lachnit, Max Liebermann, August Macke, Franz Marc, Fritz Maskos, Henri Matisse, Edvard Munch, Emil Nolde, Pablo Picasso, Pierre-Auguste Renoir, Auguste Rodin, Théodore Rousseau, Karl Schmidt-Rottluff, Carl Spitzweg, Henri de Toulouse-Lautrec, and Christoph Voll.
On 5 November 2013 Reinhard Nemetz, the head of the prosecutors' office in Augsburg, said that 121 framed and 1,258 unframed works had been seized in the flat of Cornelius Gurlitt in early March 2012, including unregistered works by Chagall, Dix, Liebermann, and Matisse. The art historian examining the collection, Meike Hoffmann, who claimed in print in 2010 that "not a single one" of these works was ever acquired by Hildebrand Gurlitt, stated to Focus that as many as 300 pieces appeared in the 1937 Nazi Degenerate art exhibition in Munich. She is presently trying to trace the original owners of the works, and their surviving relatives. Art historians have asked that a complete list of the paintings be published, so that they may be returned to their rightful owners.
A portrait of a woman by Matisse is directly traceable to the collection of Paul Rosenberg, a Jewish art dealer from Paris who represented Matisse and Picasso and who had been forced to leave his collection behind when he fled France. When approached by Focus, Rosenberg's granddaughter, French television presenter Anne Sinclair, who has been fighting for decades for the return of the art dealer's paintings, stated that she knew nothing of the existence of the painting. Some paintings have yet to be recovered, such as an oil on canvas by Pierre Auguste Renoir of Aline Charigot from 1881. It is believed the work was sold to a collector in Florida in 2002.
Checks by German federal police, as well as customs and tax authorities, found that Cornelius Gurlitt was not registered with the police, the tax authorities, or social services and that he drew no pension and had no health insurance. Later, it appeared that he was and is registered[clarification needed] in Salzburg, Austria. One of the last pieces that Cornelius Gurlitt sold was The Lion Tamer by Max Beckmann, which he sold via the Lempertz auction house in Cologne for nearly £750,000 after a settlement initiated by the auction house was concluded between Gurlitt and the heirs of Alfred Flechtheim. Other works were reportedly sold some time ago through the Bern-based gallery of Eberhard Kornfeld.
It is possible that a number of artworks will be returned to Gurlitt, as he is considered the rightful owner unless the heirs of previous owners can prove that he obtained them through unlawful means. German authorities estimate that around 590 pieces need further investigation for possible confiscation under the Nazi regime, and a further 380 have been identified as confiscated by the Nazis as degenerate art.
In March 2014 a BBC reporter was granted access to one of the locations where 238 of the seized works are stored. He viewed works such as Monet's Waterloo Bridge (1903) and others by Picasso, Cezanne, Liebermann, Renoir, Courbet, and Manet.
On 7 April 2014 an agreement was reached by which the seized artwork is to be returned to Gurlitt in exchange for his co-operation with the government-led task force charged with determining which of the pieces was stolen and returning them to the rightful heirs. Cornelius Gurlitt died on 6 May 2014. The Museum of Fine Arts Bern in Switzerland, named by Gurlitt as his sole heir in his will, stands to inherit the works.
The prosecutor's right to seize the collection has been questioned in German papers. Property rights in works of art acquired during the Nazi period appear highly complex. This refers in particular to works of degenerate art, the confiscation of which had been formalized by a Nazi law which after the war was deliberately upheld by the Allied Control Council in order to facilitate further art dealing.
Unlike Austria, there is no law currently in effect in Germany requiring the return of Nazi-looted art, as long as the items in question can be proven to have, at any point in time, been legally acquired. As signatories of the 1998 Washington Agreement, Germany agreed that all of its public institutions would check their inventories for Nazi-looted goods and return them if found. However, this is on a strictly voluntary basis and, 15 years later, only very few museums and libraries have complied. Individuals are under no legal requirement whatsoever to return Nazi-looted art. Any failure on the part of the German government to return the rightful possessions of Cornelius Gurlitt may very well prove a violation of his constitutional property rights.
On 4 December 2013, prominent German art historian Sibylle Ehringhaus, who was one of the first experts to view the artworks in the spring of 2012, gave an interview in the Augsburger Allgemeine newspaper demanding the immediate return of the complete collection to Gurlitt. Chief Prosecutor Reinhard Nemetz vehemently denied her appeal, yet failed to cite any concrete legal grounds for the seizure.
List of selected works
- "Allegorical scene", a gouache painting by Marc Chagall
- "Conversation mauresque sur une terasse" ("Moorish Conversation on a Terrace") pencil drawing by Eugène Delacroix
- "Lady in the Lodge", 1922 watercolour by Otto Dix
- "Dompteuse", 1922 watercolor by Otto Dix
- "Woman in the Theater Box", by Otto Dix
- A self-portrait by Otto Dix
- "Piano Playing", drawing by Carl Spitzweg
- "The Veiled", 1926 watercolor by Otto Griebel
- "Child at the table", watercolor by Otto Griebel
- "Don Quichote and Sancho Panza", painting by Honoré Daumier
- "Etude de femme nue debout, les bras relevés, les mains croisées au-dessus de la tête" ("Study of a Woman Nude, Standing, Arms Raised, Hands Crossed Above Head"), drawing by Auguste Rodin
- "Girl at the table", 1923 watercolor by Wilhelm Lachnit
- "Man and woman at the window", 1923 watercolor by Wilhelm Lachnit
- "Male Nude", drawing by Bonaventura Genelli
- "Male portrait", etching by Ludwig Godenschweg
- "Female Nude", etching by Ludwig Godenschweg
- "Monk", 1921 watercolor by Christoph Voll
- "Explosives master Hantsch", 1922 drawing by Christoph Voll
- "Mother and Child", 1922 watercolor by Erich Fraass
- "Couple", 1924 watercolor by Hans Christoph
- "Couple in countryside", 1924 watercolor by Conrad Felixmüller
- "Riders on the beach", 1901 painting by Max Liebermann
- "'Sa. Giustina in Prà della Vale' in Padua, etching by Canaletto
- "Musing Woman", etching by Fritz Maskos
- "Tram", watercolor by Bernhard Kretschmar
- "Vue de la vallée de la Seine", drawing by Théodore Rousseau
- A painting of a girl with a goat, by Gustave Courbet
- "Melancholic Girl", by Ernst Ludwig Kirchner
- "Pferde in Landschaft" ("Horses in Landscape"), ca. 1911 painting by Franz Marc
- "Seated Woman", ca. 1920 painting by Henri Matisse
German authorities announced that they will list all 590 suspect pieces in the Lost Art Internet Database.
- "Nazi trove in Munich contains unknown works by masters". BBC News. 5 November 2013. Retrieved 5 November 2013.
- "Fahnder entdecken 1500 Werke von Picasso, Chagall und weiteren Künstlern". Focus. 3 November 2013. Retrieved 3 November 2013.
- Nazi loot probe: More art found at Gurlitt Austria home, BBC News, 11 February, 2014
- R, D (7 April 2014). "Gurlitt reaches deal with German authorities over vast trove of art". Deutsche Welle. Retrieved 16 April 2014.
- "'Nazi art' hoarder Gurlitt makes Swiss museum sole heir". BBC News. 7 May 2014. Retrieved 7 May 2014.
- Artnet news, Alexander Forbes, Will Germany Keep Gurlitt’s Trove from the Swiss?
- Hall, Alan (3 November 2013). "£1billion art collection seized by Nazis found in shabby Munich apartment". Daily Mail. Retrieved 3 November 2013.
- Nazi Policies Toward Jews and Minorities, NY Times, November 18, 2013
- Nicholas, Lynn H. (22 December 2009). The Rape of Europa: The Fate of Europe's Treasures in the Third Reich and the Second World War. Random House LLC. p. 24. ISBN 9780307739728.
- Feliciano, Hector. "The Lost Museum". Bonjour Paris. Retrieved 4 November 2013.
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- ""Entartete" Kunstgeschäfte". Der Standard (in German). 6 August 2008. Retrieved 3 November 2013.
- Mazzoni, Ira (3 November 2013). "Depot mit Nazi-Raubkunst in München". Süddeutsche.de (in German). Retrieved 3 November 2013.
- Kürten, Jochen (11 November 2013). "Monuments Men: Tracking looted treasures". De Welt. Retrieved 12 November 2013.
- Enoch, Nick (9 November 2013). "How U.S. military quizzed German dealer of £1bn Nazi art loot just after the war". Daily Mail. Retrieved 9 November 2013.
- Gurlitt had declared to the customs, not to carry money with him (allowed was a sum below € 10,000), and after a personal search in the toilet of the train the customs found in fact precisely € 9,000, which was a considerable sum, however, still below the limit, yet enough for the customs officers to remain suspicious. - Cash in amounts equal to or exceeding €10,000 have to be declared (s. 12a ZollVG – German Customs administration act)
- "Nazi looted art 'found in Munich'". BBC News. 3 November 2013. Retrieved 3 November 2013.
- "Schwabinger Kunstfund: Ein Dementi, weitere Meldungen, nüchterne Schätzungen". Frankfurter Allgemeine Zeitung. 22 November 2013. Retrieved 22 November 2013.
- Kein Zufallsfund. Interview with the leading prosecutor Reinhard Nemetz in Süddeutsche Zeitung of 22 November 2013
- Hoffman's book (in German) Ein Händler "entarteter" Kunst: Bernhard A. Böhmer und sein Nachlass. Akademie-Verlag, Berlin 2008, ISBN 978-3-05-004498-9. (Schriften der Forschungsstelle "Entartete Kunst"), p. 211
- Alexander, Harriet (4 November 2013). "Art experts demand Germany releases list of €1-billion Nazi art trove". The Telegraph. Retrieved 4 November 2013.
- Oltermann, Philip (3 November 2013). "German police recover 1,500 modernist masterpieces 'looted by Nazis'". The Guardian. Retrieved 3 November 2013.
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- ""Schwabing art trove": Provenance of treasures to be researched alongside criminal proceedings – suspicious works being publicised at lostart.de" (Press release). the Bavarian State Ministry of Justice, the Bavarian State Ministry of Education, Science and the Arts, the Federal Ministry of Finance and the Federal Government Commissioner for Culture and the Media. 11 November 2013. Retrieved 19 November 2013.
- "Nazi-looted art: German collector says he owns pictures". BBC News. 17 November 2013. Retrieved 17 November 2013.
- Gezer, Õzlem (17 November 2013). "Interview with a Phantom: Cornelius Gurlitt Shares the Secrets of His Pictures". Der Spiegel. Retrieved 18 November 2013.
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- "'Nazi art' hoarder Cornelius Gurlitt, 81, dies". BBC. Retrieved 6 May 2014.
- Voss, Julia (17 November 2013). "Münchner Kunstfund: Wo bleibt der Rechtsstaat?". Frankfurter Allgemeine Zeitung. (German)
- Politische Strafjustiz (in German) in the Frankfurter Allgemeine Zeitung, 25 November 2013, by Volker Rieble.
- Dittmar, Peter (7 November 2013). "Verbrechen lohnt sich". Jüdische Allgemeine. (German)
- Gesetz über Einziehung von Erzeugnissen entarteter Kunst (Act on the Confiscation of Works of Degenerate Art) of May 31, 1938
- Heuer, Carl-Heinz (undated). "Die eigentumsrechtliche Problematik der entarteten Kunst" – "The problems surrounding ownership rights to degenerate art" (bilingual), on the website of the Free University of Berlin
- Kunstrückgabegesetz 1998 (Art Return Law 1998) See the German Wikipedia entry for details.
- The Central and Regional Library of Berlin is the only library in Germany to have full-time staff devoted to the search for Nazi-looted cultural goods.
- Fluch des Schatzes (Curse of the Treasure) in Der Zeit, 21 November 2013 (in German). “German museums are accordingly, albeit rather hesitantly, searching for looted art in their collections, and from time to time works are returned. This is cumbersome, mostly unspectacular and takes far too long, but it is still the right way. But Cornelius Gurlitt is a private person, and therefore the principles of the Washington Agreement do not apply to his artworks. He cannot be forced, and it appears the government wants to seize the works, which is hardly possible in the face of the constitution.”
- See Interview: Kunstexpertin fordert Rückgabe aller Bilder an Gurlitt, Augsburger Allgemeine, 4 December 2012 (in German) or a translation of the article in English.
- Augsburger Staatsanwaltschaft weist Vorwürfe der Kunstexpertin zurück Augsburger Allgemeine, 5 December 2012 (in German)
- "Picasso, Matisse and Dix among works found in Munich's Nazi art stash". The Guardian. 5 November 2013. Retrieved 5 November 2013.
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- Petropoulos, Jonathan (2000). The Faustian Bargain: The Art World in Nazi Germany. New York: Oxford University Press. ISBN 0-19-512964-4.
- Website of Cornelius Gurlitt
- Obituary in The Independent by Marcus Williamson
- Haaretz, Israeli art expert says Nazi-looted trove in Munich is 'just the tip of the iceberg' (requires subscription and/or registration)
- Documents Reveal How Looted Nazi Art Was Restored to Dealer, NY Times, November 6, 2013
- Germany to Form Task Force on Looted Art, NY Times, November 12, 2013
- Michael Kimmelman, NY Times, In a Rediscovered Trove of Art, a Triumph Over the Nazis’ Will, November 6, 2013
- Smale, Alison (November 4, 2013). "Report of Nazi-Looted Trove Puts Art World in an Uproar". The New York Times.
- Verena Nees, Nazi looted art works discovered in Munich
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