Posts Tagged ‘appeal’

The Thyssens’ Poisoned Chalice

It was recently announced that the Thyssen-Bornemisza Museum in Madrid has suffered a loss of some 4.5 million Euros during 2014. Considering the fragile state of Spain’s economy and the fact that, contractually, they are not permitted to capitalise on the value of the collection by selling any of the pictures, it was bad news.

But worse was to come. For it was also revealed that the total legal costs of defending a claim by surviving members of a German Jewish family against the Thyssen-Bornemisza Museum for the return of a picture painted by Camille Pissarro that they claim to have sold under duress to the Nazis in 1939, and which was subsequently procured by the Thyssen family before being sold on to the Spanish nation, has now reached 1.3 million Euros.

Heini Thyssen and his father had always used their art collection as a smoke screen behind which they could hide the fact that much of their fortune was the result of profits earned fuelling and arming the Third Reich and supplying it with banking facilities.

One of the unfortunate effects of such a restitution claim is that it reminds people of the Thyssens’ Nazi past and the fact that it is the Spanish people who are being obliged to fund the protection of the Spanish ‘investment’ as well as the defence of the Thyssens’ name, who in turn have not exactly been forthcoming in contributing to the coffers of the Spanish tax authorities.

And while the American lawyers are representing the Cassirers on a contingency basis, which avoids the family having to make any contribution to costs, the plaintiffs remain all too aware that every time they mount another appeal (which they are doing at this very minute), the Spanish legal fees, for which there is no ultimate profit which they can be offset against, continue to mount. As do the Museum’s losses. Thus there must come a time when the Spanish will be obliged to ‘take a view’ and hand the picture back.

To us it has always been clear that this collection would one day reveal itself as a poisoned chalice for the host country. The Cassirer claim, if successful, could open the gates to further claims against the museum, as there is no shortage of paintings in its holdings with questionable provenances, a fact that the Spanish failed to identify by independent verification before they committed to buy. The potential for a major eclat is intrinsic to the Thyssen-Bornemisza Collection. The only question is: how long will it take to unravel?

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On 4th April 2016 Mark Kochanski commented:

In a recent court brief the Foundation contends that the plaintiffs (the Cassirers) ”continue their campaign to tarnish the Foundation’s image with “red flags” to suggest actual knowledge of the 1939 taking or, at the very least, a level of negligence that warrants punishment.” The Thyssen-Bornemisza Museum has tarnished its own image by knowingly hoarding Nazi looted art in violation of the Washington Conference Principles and the Terezin Declaration. This is shameful and the “Baroness” needs to be held to account.

Camille Pissarro: "Rue St Honore, apres-midi, effet de pluie" (1897).

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