Newsletter April 2021 – N°9 Published by the Restitiutions Committee APRIL 2021 – N°9 1 Content FOREWORD Dear Reader - Els H. Swaab 3 NEWS A New Assessment Framework in the Netherlands - Jan van Kreveld 4 NEWS Programme INHA 6 NEWS Restitution of four graphic works to the legal successors of Moriz Grünebaum 8 NEWS Recommendation in the case of The Marriage Feast at Cana - Jaap Cohen 10 INTERVIEW #Everynamecounts 11 CASE STUDY Georges Mandel 14 APRIL 2021 – N°9 2 NETHERLANDS Dear Reader This year the Netherlands is delighted to take over the chair of The Network of European Restitution Committees on Nazi-Looted Art from Austria. Our period in the chair coincides with the Restitutions Committee’s twentieth anniversary. This milestone is important in several respects. Prompted in part by the work and report - ‘Striving for Justice’ - of the Kohnstamm Committee, we have looked back very explicitly at the last twenty years, we have reflected on our recommendations and the considerations they were based on, and on our own procedure. At the same time, we have contem plated how to implement the recommendations of the Kohnstamm Committee for the future and we have amended our procedure in line with a new Decree Establishing the Restitutions Committee. The Restitutions Committee remains just as committed to contributing to restoration of the rights of the individual victim. In our Newsletter contribution ‘Restitutions Committee: A New Assessment Framework in the Netherlands’ we explain the new assessment framework. On the occasion of our twentieth anniversary, we are now also working on a documentary that focuses on the Restitutions Committee’s work. Through this documentary we want to contribute to increasing awareness of the history of the looting of art in the Second World War and at the same time improve the Restitutions Committee’s outreach. If the COVID-19 situation allows, we hope to bring the members of the network together physically in November 2021 so we can watch the documentary together. We hope to tell you more about this shortly. We look forward very much to further cooperation with and within the European network and we hope you enjoy reading this issue. Els H. Swaab Acting Chair, Restitutions Committee APRIL 2021 – N°9 3 NEWS NETHERLANDS Restitutions Committee: A New Assessment Framework in the Netherlands The Dutch government has adopted The Restitutions Committee’s first a new assessment framework for step is to investigate whether it is restitution applications on the basis 1 highly likely that the applicant or his of the recommendations issued by legal successor pursuant to inheritance law the Kohnstamm Evaluation Committee was the original owner. on 7 December 2020. If this criterion is met, the Restitu- Previously the assessment criteria were des- tions Committee’s next step is to cribed in many documents published over 2 investigate whether it is sufficiently the last twenty years. The new assessment plausible that the original owner lost posses- framework is now in one document, namely sion involuntarily as a result of circumstances the appendix to the new Decree Establishing directly related to the Nazi regime. This is the Restitutions Committee from the Minister assumed as a matter of course (unless there of Education, Culture and Science. This trans- is express evidence to the contrary) if the parent assessment system contains three original owner belonged to a persecuted pop- criteria. ulation group and lost possession during the Nazi regime in the Netherlands, Germany or Austria. If the original owner was an art dealer, The Three Criteria for Assessing this is also assumed if the item of cultural Restitution Applications in the value belonged to his private collection. In New Decree Establishing the other cases, the Restitutions Committee does Restitutions Committee not assume involuntariness as a matter of course and always investigates whether it is The new system no longer provides scope sufficiently plausible that the loss of posses- to weigh up interests when addressing the sion was involuntary, for example even if the question of whether restoration of rights loss of possession did not take place in the should take place. From now on, the Resti- Netherlands, Germany or Austria. tutions Committee answers this question solely on the basis of three criteria, which are applied in sequence. APRIL 2021 – N°9 4 NEWS NETHERLANDS In exceptional circumstances the Restitutions Committee may depart from one or more elements of the foregoing if that is necessary in order to achieve a just and fair solution If it emerges that the criterion of Possible Reassessment of involuntary loss of possession has Rejection 3 also been met, the Restitutions Com- mittee’s third step is to investigate whether If an application was rejected in the past on the the current holder acted in good faith when basis of weighing up interests, upon request the acquisition was made. the Restitutions Committee may assess that case on the basis of the new assessment If the acquisition was not made in good faith, framework. If it concerns an item of cultural there is unconditional restitution. Even if it value in the possession of a party other than was in good faith, some restoration of rights the Dutch State, this is only possible if both is nevertheless always required, either uncon- the applicant and the holder submit a request ditional restitution or a more mediated form for a reassessment. of restoration of rights provided that it is just and fair in the light of principle 8 of the Washington Principles. The Dutch State will Intensify Contact with Parties and not plead good faith. This means that if the New Regulations for Restitutions item of cultural value is in the possession Committee’s Procedure of the Dutch State, and the requirements of original ownership and involuntary loss of The Restitutions Committee will maintain possession have been met, it is restituted more intensive contacts with parties. From unconditionally. now on, in addition to the handling in writing, there will in principle be a hearing in each In exceptional circumstances the Restitutions case. Parties will furthermore receive a draft, Committee may depart from one or more to which they are entitled to respond, before elements of the foregoing if that is necessary the Restitutions Committee reaches its final in order to achieve a just and fair solution as conclusion. The Restitutions Committee has referred to in principle 8 of the Washington spelled out its new procedure in the form of Principles. new regulations. JAN VAN KREVELD, COMMITTEE MEMBER APRIL 2021 – N°9 5 NEWS FRANCE Programme INHA Since 2019 the National Institute for Art History INHA has been organising seminars on “Heritage looted during the period of Nazism (1933-1945)”, devoted to provenance research in various countries, museums, or collections. In 2020 the seminar studied a few specific cases, approached new countries, and looked at the situation of certain galleries. During this second year, disrupted by the health crisis, the seminar (in conjunction with the National Heritage Institute and the Ministry of Culture’s Mission for Research and Restitution of Cultural Property Looted between 1933 and 1945 M2RS) broadened its field of investiga- tion to the context, significance and consequences of provenance research and the restitution of Artworks. In 2021, the seminar is continuing these reflections. “Kunstschutz” and the art. Christina Kott, germanist and historian, art market in occupied France teaching at Panthéon-Assas University Paris 2, will try to give answers to many questions, 12/05/2021, 6:30 PM, TIME ZONE IN FRANCE, ONLINE such as ‘What is the status of these presump- tions today, in the light of new research and The German Commission for the Protection of available archival sources? Cultural Heritage (“Kunstschutz”) in occupied France has been given special treatment and If these art historians of the Kunstschutz were recognition in French historiography in regard involved, to what degree and at what level?’ to its efforts to save public collections. This And ‘What can the study of the “Kunstschutz” has overshadowed many of its other activities. contribute, both to provenance research and to our understanding of cultural policy in times of occupation, between protection, spoliation, ‘What is the status of these presump- and propaganda?’. tions today, in the light of new rese- arch and available archival sources? https://agenda.inha.fr/events/kunstschutz-et- marche-de-lart-en-france-occupee All past seminars can be viewed on the As early as March 1945, the Allies suspected INHA’s Youtube channel https://www.youtube.com/ the men of the “Kunstschutz” of having played playlist?list=PLsl8NWzVv6T1Vs_eafbgQS3UzDcF7HlOQ a significant role in the many German museum directors and art dealers who had come to buy on the Parisian art market, strengthe- ned by, among other things, looted works of APRIL 2021 – N°9 6 NEWS FRANCE National Archives and National Library under the Occupation in France: a comparative institutional itinerary (Prometheus project) 15/04/2021, 6:30 PM, TIME ZONE IN FRANCE, ONLINE ‘Prometheus - “Protecting the memory of the Nation during the Occupation” studies and uses: National Archives and National Library in the shadow of history (1940-1994)’ - is a prefiguration project which brings together several partners (National Archives AN, French National Library BNF, Institute for the History of the Present IHTP, National Institute for Art History INHA) and aims to examine the history of the collections and the acquisition policies of the National Archives and the National Library in light of their activities and functions during the Occupation. The Occupation is generally presented as an interlude in the history of the Go to: https://agenda.inha.fr/events/archives- two institutions but has had a lasting nationales-et-bibliotheque-nationale-sous- impact on their structure loccupation-en-france-itineraire-institutionnel- compare-projet-prometeus All past seminars can be viewed on the INHA’s These two regalian institutions of “written YouTube channel.