THE HAGUE, Netherlands (AP) – A Dutch court on Wednesday dismissed a restitution lawsuit filed by heirs of a Jewish family that originally owned a painting by Wassily Kandinsky that the city of Amsterdam bought at auction in 1940.
The Amsterdam District Court confirmed a 2018 ruling by the Dutch Restitutions Committee that the artwork ‘Painting with houses’ from the collection of the Stedelijk Museum Amsterdam does not have to be returned to the family.
James Palmer, who represents the heirs, called the decision unacceptable. Lawyers for the heirs said they will appeal.
“If this court ruling remains unchallenged, the Dutch restitution policy will be de facto non-existent and major looted art in the Netherlands will probably never be refunded,” he said.
“After many years of struggle, the Lewenstein family is very disappointed that the court in Amsterdam has not recognized the Lewenstein family’s right to return their properties that were misappropriated during the Holocaust,” lawyers said in a statement.
According to the 2018 ruling, the painting had not been stolen or confiscated before it was auctioned, but also stated that the sale “ on the one hand cannot be viewed in isolation from the Nazi regime, but on the other must have been caused to some extent. due to the deteriorating financial conditions of the original owners before Nazi Germany invaded and occupied the Netherlands during World War II.
Lawyers for the heirs argued that the restitution committee included members “who apparently have a strong preference for the Stedelijk Museum” and ignored other legal issues related to the restitution of art sold by Jewish families before and during the war.
The court rejected the arguments.
In a written response, the municipality of Amsterdam, owner of the Stedelijk, said that the court had ruled that the 2018 restitution committee’s decision ‘is not unacceptable by standards or reasonableness and fairness and should therefore not be discarded’.
“We are well aware that this is disappointing for the plaintiffs,” the council added. “This painting will forever be linked to a painful history. The relationship of our collection with World War II will always be important, we will continue to show information about this to the public, online and also in the gallery. ”