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Art Law Keyed to Gerstenblith, 4th Ed.
Philipp v. Federal Republic of Germany
Citation:
894 F.3d 406 (2018)Facts
In 1929, three Jewish-owned art dealer firms in Frankfurt formed a Consortium and purchased the Welfenschatz, a collection of medieval relics and devotional art. After the Nazi takeover in 1933, Consortium members faced severe persecution, economic boycotts, exclusion from professions, and physical danger. In 1935, under pressure from Hermann Goering and the Nazi regime, the Consortium sold the Welfenschatz to Prussia for 4.25 million Reichsmarks, allegedly only 35% of its actual value. The collection was presented to Hitler as a gift. Consortium members subsequently fled Germany or died. After World War II, the collection was transferred to SPK and is now exhibited in Berlin. In 2014, heirs submitted a claim to a German advisory commission, which recommended against return, finding the sale was not compulsory due to persecution.
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