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US Supreme Court to determine fate of Spain-based Pissarro painting looted by Nazis

The US Supreme Court on Tuesday weighed the fate of a painting by Camille Pissarro looted by the Nazis in 1939 and currently on display at Madrid's Thyssen-Bornemisza Museum.

 Camille Pissarro's painting Rue St Honoré
Under California law, a looted or stolen item cannot be passed on even if it was purchased in good faith. Source: Camille Pissarro's painting "Rue St Honoré, apres-midi/Wikimedia

The 1897 painting, “Rue Saint-Honore in the Afternoon. Effect of Rain,” like some other works by the French impressionist, is at the heart of a long legal battle with international ramifications.

The painting, now estimated to be worth around $30 million, once belonged to Lilly Cassirer Neubauer, a member of a prominent German Jewish family.

Neubauer was forced to hand it over for a pittance to the Nazis in 1939 in exchange for the visa which allowed her to leave Germany.

The Neubauer family lost track of the painting after World War II and accepted compensation of $13,000 from the German government in 1958 but did not waive their rights to the artwork.

579px-Camille_Pissarro_-_Rue_Saint-Honoré,_dans_l'après-midi._Effet_de_pluie

Camille Pissarro’s painting “Rue St Honoré, apres-midi, effet de pluie” (1897)
on display at the Thyssen-Bornemisza Museum in Madrid, via Wikimedia

The painting changed hands several times in the ensuing decades before ending up with the Thyssen-Bornemisza museum in Madrid.

It was acquired in 1976 by Baron Hans-Heinrich Thyssen Bornemisza, heir to the Thyssen industrial group, from the Stephen Hahn Gallery in New York.

Claude Cassirer, Neubauer’s grandson, discovered in 2000 that the painting was on display in Madrid and launched legal efforts in Spain and California to recover it.

Cassirer died in 2010 at the age of 89 but his children, David and Ana, have pursued the court challenges.

After suffering defeats in courts in Spain and California, the Supreme Court represents their final hope.

The highest US court will decide whether Spanish law or US state law applies in the case.

Under Spanish property law, a purchaser is not required to return an item if it was not known at the time that it may have had illegal origins and they have possessed it for at least six years.

“At no point were the Baron’s title to the painting nor his good faith in its acquisition called into question,” according to a statement by the museum.

Under California law, a looted or stolen item cannot be passed on even if it was purchased in good faith.

The court heard technical arguments on Tuesday as to which law should apply and is expected to render its decision in several months.

The Nazis are estimated to have plundered some 600,000 artworks in Europe, according to a US congressional report, and courts on both sides of the Atlantic have regularly heard cases designed to restore items to their original owners.

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POLITICS

‘Pedro stay!’: Thousands of Spanish PM’s supporters take to the streets

Thousands of supporters of Spanish Prime Minister Pedro Sanchez rallied at the headquarters of his Socialist party imploring him not to step down over a graft investigation against his wife.

'Pedro stay!': Thousands of Spanish PM's supporters take to the streets

The 52-year-old, who has been in office since 2018, stunned Spain on Wednesday when he put his resignation on the line after a Madrid court opened a preliminary investigation into suspected influence peddling and corruption against his spouse Begona Gomez.

Sanchez said he would suspend all public duties until he announces his decision on Monday. The normally hyperactive premier has since remained out of sight and silent.

“I need to stop and think whether I should continue to head the government or whether I should give up this honour,” he wrote in a four-page letter posted on X, formerly Twitter.

Supporters on Saturday held up placards saying “Spain needs you”, “Pedro don’t abandon us’, and shouted slogans such as “Pedro leader”.

“I hope that Sanchez will say on Monday that he will stay,” said Sara Domínguez, a consultant in her 30’s, adding that his government had “taken good steps for women, the LGBT community and minorities”.

Jose María Diez, a 44-year-old government official who came from Valladolid in northern Spain to express his support, said there was a real possibility that the far-right could take power if Sanchez quit.

“This will mean a step backwards for our rights and liberties,” he warned.

Inside the party headquarters, there were similar passionate appeals.

‘Pedro stay’

“Pedro stay. We are together and together we can … take the country forward, Spain can’t step back,” said Budget Minister Maria Jesus Montero, the government number two.

“Today all democrats, all progressives, are summoned to Madrid against a pack whose only aim is to overthrow a democratic and legitimate government,” said Felix Bolanos, Minister of the Presidency, Justice and Parliamentary Relations.

At one point, Socialist leaders took to the streets to thank those gathered. “They won’t succeed,” government spokeswoman Pilar Alegria told the crowd.

The court opened the investigation into Sanchez’s wife in response to a complaint from anti-corruption pressure group Manos Limpias (Clean Hands), whose leader is linked to the far right.

The group, which has presented a litany of unsuccessful lawsuits against politicians in the past, said on Wednesday its complaint was based on media reports and could not vouch for their veracity.

While the court did not give details of the case, online news site El Confidencial said it focused on links Gomez had to Spanish tourism group Globalia when carrier Air Europa was in talks with the government to secure a huge bailout.

The airline sought the bailout after it was badly hit by plunging paseenger numbers during the Covid-19 crisis.

At the time, Gomez was running IE Africa Centre, a foundation linked to Madrid’s Instituto de Empresa (IE) business school, which had signed a sponsorship agreement with Globalia in 2020.

Spain’s public prosecutors office on Thursday requested the dismissal of the investigation, which Sanchez said was part of a campaign of “harassment” against him and his wife waged by “media heavily influenced by the right and far right”.

If Sanchez decides to remain in office, he could choose to file a confidence motion in parliament to show that he and his minority government are still supported by a majority of lawmakers.

If he resigns, an early election could be called from July — a year after the last one — with or without Sanchez at the helm of the Socialist party.

The right-wing opposition has accused the prime minister of being irresponsible for putting the country on hold while he mulls his decision.

“It’s very clear to us that this is all a tactic… We know Pedro Sanchez and things with him always turn out like a soap opera,” Cuca Gamarra, the number two of the main opposition conservative Popular Party, said on Friday.

“He is making us all wait and the country is at a standstill,” she added.

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