A California appellate court has ruled that a painting looted by the Nazis from a Jewish family will not be returned to the family and will be kept in a Spanish museum, court documents said Tuesday.
The Ninth Circuit Court of Appeals in Pasadena applied California's choice of law test in holding that an 1897 oil painting was copyright infringement. rue saint honore, april day, effect Purui (Rue Saint-Honoré, afternoon, rain effects) The works of French Impressionist Camille Pissarro should be kept at the Thyssen-Bornemisza Museum in Madrid, Spain, and not returned to the California-based family of plaintiff Claude Casirer. According to the documents.
According to documents, the court ruled that the applicable laws of California and Spain are different, and that California law favors the plaintiffs, while Spanish law favors the museum. was lowered. The court then decided that Spanish law must be applied because California law harms Spain's “government interests” more than Spanish law harms California's “government interests.” It is stated in the document.
Camille Pissarro, Rue Saint-Honoré in the afternoon. The Effects of Rain, 1897
Oil on canvas, 81 x 65 cm
Thyssen-Bornemisza National Museum
madrid, spain pic.twitter.com/IAzAESvvHn— Painting a day (@APainting_ADay) January 9, 2024
Cassirer is the sole heir of the painting's owner, German-Jewish Lily Neubauer, the document revealed. According to documents, the German Nazis forced Neubauer to sell the painting in 1939 in order to obtain an exit visa to Britain. The Nazis then paid a price for Neubauer's blocked account, according to the documents.
According to documents, the painting changed hands until October 10, 1992, when a Spanish government-owned museum began displaying it following a loan agreement between Spain and Baron Hans-Heinrich Thyssen-Bornemisza. The Spanish government eventually purchased the painting as part of its collection in 1993, according to documents.
According to documents, Cassirer learned in 2000 that the painting was in the museum's collection, filed a lawsuit in Spain in May 2001 to recover it, but lost, and then filed a lawsuit in California in 2005. I woke you up. He died in 2010 and his children took over the case, documents say.Case went all the way to the Supreme Court A decision was issued in 2022, but the High Court sent the case back to the Court of Appeal. (Related: Elderly woman discovers $26 million painting in her kitchen)
La familia Cassirer, la primera propietaria de la pintura impresionista “Rue Saint-Honoré por la tarde” “Efecto de lluvia”, 1897, Camille Pissarro, Supervising safe criminal activities https://t.co/kULMY69Vn6
— El Pas America (@elpais_america) January 11, 2024
One of the judges, Judge Consuelo M. Callahan, agreed with Judge Carlos T. Bee's ruling, but said it went against her moral compass and ordered Spain to voluntarily give up the painting. Documents showed that he should have done so.
Mr Cassirer's lawyers intend to appeal the ruling. Reuters reported. “The Cassirers believe they must challenge Spain's insistence on preserving art looted by the Nazis, especially in light of the explosion of anti-Semitism in this country and around the world today. “There is,” it is reported.
