May 26, 2005
Artful Solution to Nazi Looting
After six years of litigation and diplomatic battles over Nazi-looted art, in a legal case stretching from Los Angeles to Washington, D.C., to Vienna and back, the Austrian government has agreed with Maria Altmann, an 89-year old widow, to let arbitration decide who now owns masterpieces that once belonged to her family.
At stake are six works painted by Viennese artist Gustav Klimt, valued at $150 million and considered treasures of early 20th-century art.
The most famous among them is a gold-flecked portrait of Adele Bloch-Bauer, a member of a prominent Viennese Jewish family and the aunt of Altmann, a Cheviot Hills resident.
In 1938, the paintings were confiscated by the Nazis and eventually ended up at the Austrian National Gallery, where they are on display.
A major break in the litigation came last June, when the U.S. Supreme Court rejected pleas by both the Austrian and American governments and ruled that Austria could be sued in a U.S. court.
The Supreme Court decision helped Austria "to finally see the light," said E. Randol Schoenberg, Altmann's lawyer, and encouraged the country to consent to arbitration, which Schoenberg had first proposed in 1999.
Under the agreement, announced May 18, both sides have appointed one representative, who will jointly name a third member to the arbitration panel. All three will be Austrian legal experts, who are to render a nonappealable decision by Nov. 1.
The longtime court opponents reacted to the new agreement, hammered out over the last two months, with considerable relief.
"I feel very good that the case will finally be resolved, after waiting, waiting and waiting some more," Altmann said. "We could have had this result six years ago, when I wrote a letter to the Austrian authorities offering just such a resolution, but they never even sent a response."
Altmann said she had complete confidence in the fairness of the Austrian arbitration panel. She indicated that if the decision goes her way, she would not insist on the physical return of all the paintings, but consider a monetary settlement.
Martin Weiss, the Austrian consul general in Los Angeles, hailed the agreement as heralding "a very good day."
He and attorney Scott P. Cooper, representing the Austrian government, expressed satisfaction that the case will be decided in Austria and under Austrian, rather than American, law.
The arbitration panel will have to resolve two key points: The first is whether, under conflicting wills written by the Bloch-Bauers, the paintings rightly belong to Austria or to Altmann. The second is how a 1998 Austrian law on restitution of Nazi-looted art applies to this case.
The Austrian decision to submit to arbitration could have considerable impact on other countries. Many of their museums have been reluctant to settle cases of paintings in their possession that were originally taken by Nazis from their Jewish owners outright, or through forced sales.
A current case involves a painting by impressionist Camille Pissarro hanging in Madrid's Thyssen-Bornemisza Museum. The painting was sold by a German-Jewish family under Nazi pressure for a fraction of its value.
For five years, Claude Cassirer, 84, of San Diego, a descendant of the painting's former Jewish owners, has sought the painting's return.
Spain will host an international Conference on Anti-Semitism and Other Forms of Intolerance on June 8 in Cordoba, and advocates for Cassirer are hoping to draw wider attention to the dispute over the Pissarro painting.
"The government of Spain would be well advised to follow the Austrian model," Schoenberg said. "The claimants are getting very old and it is unconscionable to drag out the cases any longer."