Republic of Austria v. Altmann | |
---|---|
Argued February 24, 2004 Decided June 7, 2004 | |
Full case name | Republic of Austria et al. v. Altmann |
Citations | 541 U.S. 677 ( more ) 124 S. Ct. 2240; 159 L. Ed. 2d 1; 2004 U.S. LEXIS 4030 |
Case history | |
Prior |
|
Subsequent | |
Holding | |
The Foreign Sovereign Immunities Act applies retroactively. | |
Court membership | |
| |
Case opinions | |
Majority | Stevens, joined by O'Connor, Scalia, Souter, Ginsburg, Breyer |
Concurrence | Scalia |
Concurrence | Breyer, joined by Souter |
Dissent | Kennedy, joined by Rehnquist, Thomas |
Republic of Austria v. Altmann, 541 U.S. 677 (2004), was a case in which the Supreme Court of the United States held that the Foreign Sovereign Immunities Act, or FSIA, applies retroactively to acts prior to its enactment in 1976. [1]
The case turned on the "anti-retroactivity doctrine", which is a doctrine that holds that courts should not construe a statute to apply retroactively (to apply to situations that arose before it was enacted) unless there is a clear statutory intent that it should do so. This means that, regarding lawsuits filed after its enactment, the FSIA standards of sovereign immunity and its exceptions apply even to conduct that took place before 1976. Since the intent of FSIA was the codification of already existing well settled standards of international law, Austria was deemed not immune from litigation, for acts that first arose from criminal conduct during World War II.
The result of this case for the plaintiff, Maria Altmann, was that she was authorized to proceed with a civil action against Austria in a U.S. federal district court for recovery of five paintings stolen by the Nazis from her relatives and then housed in an Austrian government museum. As the Supreme Court noted in its decision, Altmann had already tried suing the museum before in Austria, but was forced to voluntarily dismiss her case because of Austria's rule that court costs are proportional to the amount in controversy (in this case, the enormous monetary value of the paintings). Under Austrian law, the filing fee for such a lawsuit is determined as a percentage of the recoverable amount. At the time, the five paintings were estimated to be worth approximately US$135 million, making the filing fee over US$1.5 million. Although the Austrian courts later reduced this amount to $350,000, this was still too much for Altmann, and she dropped her case in the Austrian court system.
The high court remanded the case for trial in the Los Angeles district court. Back in the district court, both parties agreed to arbitration in Austria in 2005, which in turn ruled in favor of Altmann on 16 January 2006.
Adele Bloch-Bauer, the subject of two of the paintings, had written in her last will: "Meine 2 Porträts und 4 Landschaften von Gustav Klimt, bitte ich meinen Ehegatten nach seinem Tode der österr. Staats-Galerie in Wien zu hinterlassen"; that is, "I ask my husband to bequeath my 2 portraits and the 4 landscapes by Gustav Klimt to the Austrian State Gallery in Vienna after his death." Ferdinand Bloch-Bauer signed a statement acknowledging Adele's wish in her last will. He also donated one of the landscape paintings to the Belvedere Gallery in Vienna in 1936. [2] The Austrian arbitration determined that Adele was probably never the legal owner of the paintings. Rather, it viewed it as more likely that Ferdinand Bloch-Bauer was their legal owner and that in turn his heirs, including Altmann, were the rightful owners.
This section needs additional citations for verification .(December 2015) |
The ruling in favor of Maria Altmann came as a great shock to the Austrian public and the government.[ citation needed ] The loss of the paintings was regarded in Austria as a loss of national treasure. [3] She had attempted earlier to come to some mutual agreement in 1999; however, the government repeatedly ignored her proposals. [3] Maria Altmann told the government that the time was up and there would be no deal from her side anymore.[ citation needed ] The Austrian government declined to accept a condition of the arbitration which would have allowed it preferentially to purchase the paintings at an attested market price.[ citation needed ] The paintings left Austria in March 2006 and were returned to Altmann. [3] Consequently, the Austrian government received criticism from the opposition parties for its failure to secure a deal with Altmann at an earlier stage. [3] The city of Vienna also asserted that buying back the paintings was a "moral duty". [3]
Just months after the Austrian government finally returned Ms. Altmann's family's heirlooms to her, she consigned the Klimts to the auction house Christie's, to be sold on her behalf. Portrait of Adele Bloch-Bauer I sold for allegedly $135 million in a private sale, the others in auction, e.g. Portrait of Adele Bloch-Bauer II for $88 million, with the five paintings fetching a total of over $327 million. [4]
Maria Altmann's story has been recounted in three documentary films. Stealing Klimt , which was released in 2007, featured interviews with Altmann and others who were closely involved with the story. Adele's Wish [5] by filmmaker Terrence Turner, who is the husband of Altmann's great-niece, was released in 2008, and features interviews with Altmann, her lawyer, E. Randol Schoenberg, and leading experts from around the world. The piece was also featured in the 2006 documentary The Rape of Europa , which dealt with the massive theft of art in Europe by the Nazi Government during World War II.
Altmann is portrayed by Helen Mirren, and Schoenberg by Ryan Reynolds in the film Woman in Gold , chronicling Altmann's nearly decade-long struggle to recover the Klimt paintings. The film was released on April 3, 2015.
Gustav Klimt was an Austrian symbolist painter and one of the most prominent members of the Vienna Secession movement. Klimt is noted for his paintings, murals, sketches, and other objets d'art. Klimt's primary subject was the female body, and his works are marked by a frank eroticism. Amongst his figurative works, which include allegories and portraits, he painted landscapes. Among the artists of the Vienna Secession, Klimt was the most influenced by Japanese art and its methods.
The Belvedere is a historic building complex in Vienna, Austria, consisting of two Baroque palaces, the Orangery, and the Palace Stables. The buildings are set in a Baroque park landscape in the third district of the city, on the south-eastern edge of its centre. It houses the Belvedere museum. The grounds are set on a gentle gradient and include decorative tiered fountains and cascades, Baroque sculptures, and majestic wrought iron gates. The Baroque palace complex was built as a summer residence for Prince Eugene of Savoy.
The Foreign Sovereign Immunities Act of 1976 (FSIA) is a United States law, codified at Title 28, §§ 1330, 1332, 1391(f), 1441(d), and 1602–1611 of the United States Code, that established criteria as to whether a foreign sovereign nation is immune from the jurisdiction of U.S. courts—federal or state. The Act also establishes specific procedures for service of process, attachment of property and execution of judgment in proceedings against a foreign state. The FSIA provides the exclusive basis and means to bring a civil suit against a foreign sovereign in the United States. It was signed into law by United States President Gerald Ford on October 21, 1976.
The Neue Galerie New York is a museum of early twentieth-century German and Austrian art and design located in the William Starr Miller House at 86th Street and Fifth Avenue in New York City. Established in 2001, it is one of the most recent additions to New York City's famed Museum Mile, which runs from 83rd to 105th streets on Fifth Avenue in the Upper East Side of Manhattan.
The Österreichische Galerie Belvedere is a museum housed in the Belvedere palace, in Vienna, Austria.
Maria Altmann was an Austrian-American Jewish refugee from Austria, who fled her home country after it was annexed to the Third Reich. She is noted for her ultimately successful legal campaign to reclaim from the Government of Austria five family-owned paintings by the artist Gustav Klimt that were stolen by the Nazis during World War II.
The Kiss is an oil-on-canvas painting with added gold leaf, silver and platinum by the Austrian Symbolist painter Gustav Klimt. It was painted at some point in 1907 and 1908, during the height of what scholars call his "Golden Period". It was exhibited in 1908 under the title Liebespaar as stated in the catalogue of the exhibition. The painting depicts a couple embracing each other, their bodies entwined in elaborate beautiful robes decorated in a style influenced by the contemporary Art Nouveau style and the organic forms of the earlier Arts and Crafts movement.
Hubertus Czernin was an Austrian investigative journalist.
Portrait of Adele Bloch-Bauer I is a painting by Gustav Klimt, completed between 1903 and 1907. The portrait was commissioned by the sitter's husband, Ferdinand Bloch-Bauer, a Jewish banker and sugar producer. The painting was stolen by the Nazis in 1941 and displayed at the Österreichische Galerie Belvedere. The portrait is the final and most fully representative work of Klimt's golden phase. It was the first of two depictions of Adele by Klimt—the second was completed in 1912; these were two of several works by the artist that the family owned.
Adele Bloch-Bauer was a Viennese socialite, salon hostess, and patron of the arts from Austria-Hungary. A Jewish woman, she is most well known for being the subject of two of artist Gustav Klimt's paintings: Portrait of Adele Bloch-Bauer I and Portrait of Adele Bloch-Bauer II, and the fate of the paintings during and after the Nazi Holocaust. She has been called "the Austrian Mona Lisa."
Eric Randol Schoenberg is an American lawyer and genealogist, based in Los Angeles, California, specializing in legal cases related to the recovery of looted or stolen artworks, particularly those by the Nazi regime during the Holocaust.
Portrait of Adele Bloch-Bauer II is a 1912 painting by Gustav Klimt. The work is a portrait of Adele Bloch-Bauer (1881–1925), a Vienna socialite who was a patron and close friend of Klimt.
George (Georges) Minne was a Belgian artist and sculptor famous for his idealized depictions of man's inner spiritual conflicts, including the "Kneeling Youth" sculpture series. A contemporary of Gustav Klimt and Egon Schiele, Minne's work shows many similarities in both form and subject matter to the Viennese Secessionists, the fathers of Art Nouveau.
Judith and the Head of Holofernes is an oil painting by Gustav Klimt, painted in 1901. It depicts the biblical figure Judith holding the head of Holofernes after beheading him. The beheading and its aftermath have been commonly portrayed in art since the Renaissance, and Klimt himself would paint a second work depicting the subject in 1909.
Woman in Gold is a 2015 biographical drama film directed by Simon Curtis and written by Alexi Kaye Campbell. The film stars Helen Mirren, Ryan Reynolds, Daniel Brühl, Katie Holmes, Tatiana Maslany, Max Irons, Charles Dance, Elizabeth McGovern, and Jonathan Pryce.
Bernhard Altmann (1888–1960) was an Austrian textile manufacturer whose business was stolen and whose family's art collection was looted by Nazis because of their Jewish origins. He introduced cashmere wool to North America on a mass scale in 1947.
Anne-Marie O'Connor is an American journalist and writer who authored The Lady in Gold: The Extraordinary Tale of Gustav Klimt's Masterpiece, Portrait of Adele Bloch-Bauer, the bestselling story of the battle by Vienna emigre Maria Altmann to reclaim five Gustav Klimt paintings from her native Austria in an eight-year legal battle by Los Angeles attorney E. Randol Schoenberg; a saga that also inspired a Harvey Weinstein movie, Woman in Gold, in which Helen Mirren played Maria Altmann. One of the paintings, Portrait of Adele Bloch-Bauer I sold for a record $135 million in 2006, to Ronald Lauder's Neue Galerie New York, where the painting is on view.
Stealing Klimt is a 2007 documentary film about Maria Altmann's attempt to recover five Gustav Klimt paintings stolen from her family by the Nazis in 1938, from Austria.
The Accidental Caregiver: How I Met, Loved, and Lost Legendary Holocaust Refugee Maria Altmann is a 2012 memoir by Gregor Collins, recounting the three years he was a caregiver for Maria Altmann, as well as a stageplay, which premiered at the Robert Moss Theater in New York City on January 26, 2015.