Judicial claim/action en justice
Elmali Hoard – Turkey and OKS Partners
In 1999, OKS Partners, a consortium comprised of, among others, the American businessman William Koch, returned to Turkey nearly 1700 ancient coins. The coins were part of the Elmali Hoard, a precious and rare collection of ancient coins, also called the “Hoard of the Century,” that had been illegally excavated and smuggled out of Turkey in 1984.
Etruscan Black-Figured Kalpis – Italy and Toledo Museum of Art
After an extensive investigation by U.S. Immigration and Customs Enforcement (ICE) and Homeland Security Investigations, the Toledo Museum of Art returned in 2013 an Etruscan black-figure kalpis to Italy. The kalpis was found to be smuggled out of Italy after an illegal excavation prior to 1981, then sold to the Toledo Museum of Art in 1982 by Gianfranco and Ursula Becchina, who had earlier purchased it from the art smuggler Giacomo Medici.
Five Italian Paintings – Gentili di Giuseppe Heirs v. Musée du Louvre and France
In 1998, the heirs of the renowned Jewish art collector Federico Gentili di Giuseppe sued the Louvre Museum seeking the restitution of five paintings. These paintings, which were part of Federico Gentili di Giuseppe’s collection, were bought at auction by Herman Göring in 1941 and transferred to the Musée du Louvre at the end of the Second World War.
Four Old Master Drawings – Feldmann Heirs and the British Museum
In May of 2002, the British Museum was confronted with a restitution claim by the heirs of the Second World War victim, Arthur Feldmann, regarding four Old Master drawings. The Commission of Looted Art Europe, who represented the claimant, and the British Museum, jointly sought guidance from the Spoliation Advisory Panel. After deferral of the Attorney General, the High Court held that under the British Museum Act the Museum could not restitute an object in order to meet a moral obligation without an Act of Parliament. Eventually, the British Museum followed the recommendation of the Spoliation Advisory Panel and compensated the family with an ex gratia payment.
Fresques de Casenoves – Musée d’Art et d’Histoire de la Ville de Genève et la France
Le 1er juillet 1997, le Musée d’art et d’histoire de la Ville de Genève et l'Etat français, representé par son Ministère de la culture, ont signé un accord portant sur le prêt de deux fragments des fresques de Casenoves (Christ en Majesté et Adoration des Mages). Le 19 mars 2003, le Conseil administratif de la Ville de Genève a décidé de transformer ce prêt en donation.
Gravures Dja Dja Wurrung – Musée de Melbourne c. Dja Dja Wurrung
Au printemps 2004, le Musée de Melbourne organise une exposition d’œuvres sur écorces aborigènes. Parmi les biens présentés figurent deux anciennes gravures sur écorces prêtées par le British Museum et les Kew Royal Botanic Gardens. La tribu australienne Dja Dja Wurrung bloque le retour de ces objets en Angleterre. Après des négociations et une médiation infructueuses avec les représentants Dja Dja Wurrung, le Musée de Melbourne intente une action judiciaire.
Guelph Treasure – Alan Philipp, Gerald G. Stiebel and Jed R. Leiber v. Germany and Prussian Cultural Heritage Foundation
A collection of medieval ecclesiastical art is claimed by the heirs of three Jewish dealers, who allege that the collection was sold under duress during the Nazi era. After an unsuccessful conciliation in front of Germany’s Advisory Commission, the claim is being litigated before the courts of the United States. On 3 February 2021, the Supreme Court of the United States ruled in favour of Germany on the interpretation of the expropriation exception in the Foreign Sovereign Immunities Act.
Herzog Collection – De Csepel et al. v. Republic of Hungary et al.
The “Herzog Collection” was originally an assembly of over two thousand works of art, collected by Baron Mór Lipót Herzog in the early 1900s. During World War II, the collection was seized by the Hungarian government, under Nazi orders. For the last seven decades, the Herzog Heirs have attempted to reclaim the Collection from the Republic of Hungary, without success. Now, the Herzog Heirs are taking their claim to the United States Supreme Court.
Hopi Masks – Hopi Tribe v. Néret-Minet and Estimations & Ventes aux Enchères
Between 2013 and 2014, dozens of Hopi’s sacred objects were sold at auctions in Paris despite strong protests and legal actions launched by the Hopi tribe. These actions were unsuccessful because French judicial authorities denied legal standing to the Hopis and considered that the sales did not violate French law.
Icklingham Bronzes – John Browning and Leon Levy and Shelby White
A group of antiquities known as the “Icklingham Bronzes” were illicitly excavated from the farm of John Browning sometime in the early 1980s. By 1989 they were on sale in New York. John Browning formally demanded the restitution of the Bronzes from Leon Levy and Shelby White, the good faith purchasers, but the request was rejected.
Jardin à Auvers – Agent judiciare du Trésor c. Walter
Dans son arrêt du 20 février 1996, la Cour de Cassation de la France a condamné l’Etat français à indemniser le propriétaire d’un tableau dont l’exportation avait été refusée pour cause de classement d’office.
Jiroft Collection – Iran v. Barakat Galleries
The Government of the Islamic Republic of Iran sued the London-based Barakat Galleries seeking the restitution of a collection of eighteen carved jars, bowls and cups which had been illicitly excavated in the Jiroft region, in Southeast Iran, and subsequently exported abroad. The Court of Appeal, overruling the trial court decision, held that the relevant laws of Iran were sufficiently clear to vest ownership title and an immediate right of possession of the relics in the Iranian State.
Ka Nefer Nefer Mask – United States v. Mask of Ka Nefer Nefer
On July 28, 2014, the Eighth Circuit Court of Appeals denied the request of the United States Government to take further legal action regarding the St. Louis Art Museum’s ownership of the 3200 year old Egyptian Ka Nefer Nefer funerary mask.
Kanakaria Mosaics – Autocephalous Greek Orthodox Church of Cyprus and Cyprus v. Goldberg
Four mosaics were stolen from the Cypriot Church of the Panagia Kanakaria in Lythrankomi, following the Turkish military intervention in Cyprus of 1974. Afterwards, they were purchased by an American art dealer, Peg Goldberg. In 1989, the Autocephalous Greek Orthodox Church of Cyprus and the Republic of Cyprus traced the mosaics to Indiana and filed a judicial claim to obtain restitution.
Kennewick Man – Bonnichsen v. United States
The skeleton of a 9,000 year old man was discovered on Federal territory near the city of Kennewick, Washington. Authorities decided to grant the request of five American Indian tribes, and transferred the remains to those tribes for burial. Several scientists, including Robson Bonnichsen, opposed the return and filed suit in the District Court of Oregon. Finding that evidence was not sufficient to link the remains to any present-day American Indian tribe, the District Court vacated the authority’s decision and ordered further examination of the remains. The Ninth Circuit affirmed the order on appeal.
Khmer Statue – Cambodia and Sotheby’s and the United States
In March 2011, Sotheby’s offered at auction in New York a Khmer statue. The statue was pulled out of the sale as a result of Cambodia’s request for its restitution. Cambodia claimed that it was illegally removed from the site Koh Ker during the 1970s and should be returned to them.
La Bergère – Meyer Heirs and Fred Jones Jr. Museum of Art
Raoul Meyer’s art collection, which included Camille Pissarro’s painting “La bergère rentrant des moutons”, was looted by Nazi troops during the occupation of France in early 1940s. Decades later, Meyer’s daughter and heir, Léone Meyer, discovered the painting at the Fred Jones Jr. Museum of Art at the University of Oklahoma, and initiated a lawsuit in the United States seeking its return. After a three-year litigation, the two sides reached a settlement in 2016. The latter was denounced by Ms. Meyer. Eventually, the lawsuit was dropped and ownership of the painting was transferred to the Fred Jones Jr. Museum of Art.
La cueillette de Pissarro – Héritiers Simon Bauer c. Bruce et Robbi Toll
Les héritiers de Simon Bauer, juif déporté dont la collection avait été confisquée sous le régime nazi, profitent de la présence du tableau de Pissarro « La cueillette » en France dans le cadre d’une exposition pour en demander la restitution. Le Tribunal de grande instance de Paris ordonne la restitution de la toile le 7 novembre 2017. La Cour d’appel a confirmé cette décision le 2 octobre 2018.
Landscape with Smokestacks – Friedrich Gutmann Heirs and Daniel Searle
The heirs of Friedrich and Louise Gutmann, filed a claim against the art dealer Daniel Searle, the owner of the painting “Landscape with Smokestacks”. The painting was allegedly looted by the Nazis during the Second World War. After four years of litigation, the parties agreed to share the ownership of the painting.
Lydian Hoard – Turkey and Metropolitan Museum of Art
The Lydian Hoard is a sixth-century B.C. collection of gold and silver objects which was clandestinely excavated in Turkey in the 1960s. It was purchased by the Metropolitan Museum of Art (MET) of New York. A formal demand for its return was made by Turkey in 1986.
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