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Heirs of the Cassirer Neubauer family first sued in 2005 upon learning of the art’s survival in 2000 and failing to come to an agreement with the museum.
By David Swindle, The Algemeiner
A ruling by the US Supreme Court on Monday has restarted a fight over the ownership of artist Camille Pissarro’s 1897 oil painting “Rue Saint-Honoré, in the afternoon. Effect of rain,” a work stolen by the Nazi regime and now hanging in Madrid’s Thyssen-Bornemisza museum.
Citing a new California law, the justices reversed the decision of lower courts which sided with the Spanish museum against the descendants of German Jewish art collector Julius Cassirer, who purchased the painting from Pissarro in 1900 and whose daughter-in-law Lilly Cassirer Neubauer was coerced into selling the work in order to obtain exit visas for herself and her husband to flee Germany.
The painting is estimated to be worth tens of millions of dollars. It features a gray image of a street scene with impressionistic renderings of carriages.
The Thyssen-Bornemisza museum describes the painting as part of “a series of fifteen works that Camille Pissarro painted in Paris from the window of his hotel in the place du Théâtre Français during the winter of 1897 and 1898.”
The Nazis auctioned the painting in 1943, and it ultimately ended up in the possession of the Spanish government in the 1990s following a purchase from Baron Hans Heinrich Thyssen-Bornemisza.
The museum says it did not know of the painting’s provenance when buying the work.
Heirs of the Cassirer Neubauer family first sued in 2005 upon learning of the art’s survival in 2000 and failing to come to an agreement with the museum.
David Cassirer, great-grandson of Cassirer Neubauer, praised the Supreme Court “for insisting on applying principles of right and wrong.”
He said in a statement that “as a Holocaust survivor, my late father, Claude Cassirer, was very proud to become an American citizen in 1947, and he cherished the values of this country.”
When California Gov. Gavin Newsom signed the law now cited by the Supreme Court, he said that “for survivors of the Holocaust and their families, the fight to take back ownership of art and other personal items stolen by the Nazis continues to traumatize those who have already gone through the unimaginable.”
Newsom called it “both a moral and legal imperative that these valuable and sentimental pieces be returned to their rightful owners, and I am proud to strengthen California’s laws to help secure justice for families.”
The legislation mandates that California law must apply in lawsuits involving artwork or other personal property that was stolen or looted during the Holocaust due to political persecution, like in the case involving the Cassirer family.
The legislation builds on existing California law that aids the state’s residents in recovering stolen property, including property stolen during the Holocaust.
Previously, the US Ninth Circuit Court of Appeals had ruled that the Thyssen-Bornemisza museum was not obligated to return the artwork to Cassirer’s heirs in California, applying Spanish law to the case as opposed to California law.
Cassirer’s lawyers, David Boies and Sam Dubbin, said in response to the Supreme Court’s overriding decision that “we hope Spain and its museum will now do the right thing and return the Nazi-looted art they are holding without further delay.”
The museum’s lawyer, Thaddeus Stauber, countered that “today’s brief order gives the Ninth Circuit the first opportunity to examine if the new California Assembly Bill is valid and what, if any, impact it may have on the Thyssen-Bornemisza Collection Foundation’s repeatedly affirmed rightful ownership.”
He said that the foundation, “as it has for the past 20 years, looks forward to working with all concerned to once again ensure that its ownership is confirmed with the painting remaining on public display in Madrid.”
Other descendants of Jews forced under duress during World War II to part with their artworks have continued efforts to recover paintings to differing degrees of success.
Heirs of Paul Leffmann have sought to acquire Pablo Picasso’s “The Actor” from New York’s Metropolitan Museum of Art. Two American courts have disagreed with the family.
In Amsterdam in June 2024, a museum returned “Odalisque” by Henri Matisse to heirs of Albert and Marie Stern.
In October 2024, the family of Adalbert Parlagi received Claude Monet’s “Bord de Mer” from a Louisiana family who attempted to sell the painting to an art gallery, triggering an alert to the FBI.
Months earlier, in July 2024, Manhattan District Attorney Alvin Bragg, Jr. announced the return of the Austrian artist Egon Schiele’s “Seated Nude Woman, front view” to the family of Fritz Grünbaum.
The descendants of Gustav “Gus” Papanek repatriated the work, unaware of its theft when the family purchased it in 1938.
“The history behind Nazi-looted art is horrific and tragic, and the consequences are still impacting victims and their families to this day. It is inspiring to see both the Grünbaum and Papanek families join together to reflect on their shared history and preserve the legacy of Fritz Grünbaum,” Bragg said at the time.
“I want to commend the Reif family for harnessing Fritz Grünbaum’s legacy to create a better world by using the funds from their auctions to support underprivileged artists.”
Grünbaum relative Timothy Reif said at the time that “the recovery of this important artwork — stolen from a prominent Jewish critic of Adolf Hitler — sends a message to the world that crime does not pay and that the law enforcement community in New York has not forgotten the dark lessons of World War II.”
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