Restitution In Austria: Navigating Complexities Of Cultural Heritage

Austria has legal processes in place to deal with Nazi-stolen art restitution, but more work is still left to be done in the return of stolen property and in the contemporary historical analysis of this process. The Commission for Provenance Research was established in 1998 for the purpose of systematically inventorying the state collections and unearthing looted objects. The Federal Art Restitution Act on the return of works of art in Austrian national museums and collections to their rightful owners was also passed in 1998. However, there have been cases of incorrect restitution, such as the 2015 case of a Klimt painting that was restituted to the wrong family.

Nazi-stolen art restitution

Austria has legal processes in place to deal with issues of Nazi-stolen art restitution. However, more work is still left to be done in the return of stolen property and in the contemporary historical analysis of this process. Even before the start of the Second World War, the Nazis were plundering Europe for art. They deemed some art “degenerate” and sold it for foreign money, while other pieces were taken for the personal collections of Nazis or the planned Führermuseum in Linz.

The Commission for Provenance Research was established in 1998 for the purpose of systematically inventorying the state collections and unearthing looted objects. The Federal Art Restitution Act on the return of works of art in Austrian national museums and collections to their rightful owners was also passed in 1998. Under this law, confiscated works of art and cultural objects still in the possession of the state can be returned to the original owners or their heirs. The Art Restitution Act was amended in 2009.

In 2015, the Austrian Commission for Provenance Research announced that a painting by the famous Austrian artist Gustav Klimt had been restituted to the wrong family. The initial research confused two Klimt paintings that Nazis stole from Jewish families during World War II: “Apple Tree II” and “Roses Under the Trees.” While the heirs of Nora Stiasny—an Austrian Jewish art collector killed in the Belzec death camp in 1942—were eventually proven to be the true owners of “Roses”, Austria’s Art Restitution Board incorrectly gave them “Apple Tree II” in 2001. In 2018, France announced the transfer of “Roses” from its national collection to the Stiasny heirs.

Over the past decade, Austria has tightened its cultural protection legislation in the aim to thwart the trafficking of looted artifacts and provide a more efficient means of returning objects taken under suspect circumstances to their rightful owners. The effort has been met with a mixed reception. In 2016, a draft supplement to Austrian cultural patrimony legislation was criticized for failing to revise a paragraph which promised buyers “the undisturbed right to possess an object and to offer it on the international art market without later being confronted with claims for restitution.”

Cultural protection legislation

Over the past decade, Austria has tightened its cultural protection legislation in the aim to thwart the trafficking of looted artifacts and provide a more efficient means of returning objects taken under suspect circumstances to their rightful owners. The effort has been met with a mixed reception. In 2016, a draft supplement to Austrian cultural patrimony legislation was criticized for failing to revise a paragraph which promised buyers “the undisturbed right to possess an object and to offer it on the international art market without later being confronted with claims for restitution.”

The Commission for Provenance Research was established in 1998 for the purpose of systematically inventorying the state collections and unearthing looted objects. The Federal Art Restitution Act on the return of works of art in Austrian national museums and collections to their rightful owners (Bundesgesetz über die Rückgabe von Kunstgegenständen aus den Österreichischen Bundesmuseen und Sammlungen) was also passed in 1998. Under this law, confiscated works of art and cultural objects still in the possession of the state can be returned to the original owners or their heirs. The Art Restitution Act was amended in 2009.

In 2015, the Austrian Commission for Provenance Research announced that a painting by the famous Austrian artist Gustav Klimt had been restituted to the wrong family. The initial research confused two Klimt paintings that Nazis stole from Jewish families during World War II: “Apple Tree II” and “Roses Under the Trees.” While the heirs of Nora Stiasny–an Austrian Jewish art collector killed in the Belzec death camp in 1942–were eventually proven to be the true owners of “Roses”, Austria’s Art Restitution Board incorrectly gave them “Apple Tree II” in 2001. In 2018, France announced the transfer of “Roses” from its national collection to the Stiasny heirs.

In 2015, the Austrian state’s increased recognition of its Nazi history and a commitment to rectifying past injustices culminated in art restitution becoming a way for the country to concretely confront its past.

Even before WWII started, the Nazis were plundering Europe for art. They deemed some art “degenerate” and sold it for foreign money, while other pieces were taken for the personal collections of Nazis or the planned Führermuseum in Linz.

Lack of a collective archive

The Commission for Provenance Research was established in 1998 for the purpose of systematically inventorying the state collections and unearthing looted objects. The Federal Art Restitution Act on the return of works of art in Austrian national museums and collections to their rightful owners was also passed in 1998. Under this law, confiscated works of art and cultural objects still in the possession of the state can be returned to the original owners or their heirs.

However, the lack of a collective archive of these efforts in Austria makes it difficult to return stolen property and contemporary historical analysis of this process. Even before WWII started, the Nazis were plundering Europe for art. They deemed some art “degenerate” and sold it for foreign money, while other pieces were taken for the personal collections of Nazis or the planned Führermuseum in Linz.

The Commission for Provenance Research announced that a painting by the famous Austrian artist Gustav Klimt had been restituted to the wrong family. The initial research confused two Klimt paintings that Nazis stole from Jewish families during World War II: “Apple Tree II" and “Roses Under the Trees." While the heirs of Nora Stiasny—an Austrian Jewish art collector killed in the Belzec death camp in 1942—were eventually proven to be the true owners of “Roses”, Austria’s Art Restitution Board incorrectly gave them “Apple Tree II" in 2001. In 2018, France announced the transfer of “Roses" from its national collection to the Stiasny heirs.

The Commission for Provenance Research was established in 1998 for the purpose of systematically inventorying the state collections and unearthing looted objects. The Federal Art Restitution Act on the return of works of art in Austrian national museums and collections to their rightful owners was also passed in 1998. Under this law, confiscated works of art and cultural objects still in the possession of the state can be returned to the original owners or their heirs.

However, the lack of a collective archive of these efforts in Austria makes it difficult to return stolen property and contemporary historical analysis of this process. Even before WWII started, the Nazis were plundering Europe for art. They deemed some art “degenerate” and sold it for foreign money, while other pieces were taken for the personal collections of Nazis or the planned Führermuseum in Linz.

Mistakes in provenance research

To address these issues, Austria has tightened its cultural protection legislation in the aim to thwart the trafficking of looted artifacts and provide a more efficient means of returning objects taken under suspect circumstances to their rightful owners. The effort has been met with a mixed reception: In 2016, a draft supplement to Austrian cultural patrimony legislation was criticized for failing to revise a paragraph which promised buyers “the undisturbed right to possess an object and to offer it on the international art market without later being confronted with claims for restitution.”

Challenges in returning stolen property

The Commission for Provenance Research was established in 1998 for the purpose of systematically inventorying the state collections and unearthing looted objects. The Federal Art Restitution Act on the return of works of art in Austrian national museums and collections to their rightful owners was also passed in 1998. Under this law, confiscated works of art and cultural objects still in the possession of the state can be returned to the original owners or their heirs. The Art Restitution Act was amended in 2009.

The Nazi-stolen art restitution is a complicated process. Even in a country like Austria, which uniquely has legal processes in place to deal with such issues. The Nazi's plundered Europe for art even before the start of the Second World War. They deemed some art “degenerate” and sold it for foreign money, while other pieces were taken for the personal collections of Nazis or the planned Führermuseum in Linz.

The Austrian state’s increased recognition of its Nazi history and a commitment to rectifying past injustices have led to the confrontation of its past. The Art Restitution Act was a way for the country to concretely confront its past.

The Commission for Provenance Research announced that a painting by the famous Austrian artist Gustav Klimt had been restituted to the wrong family. The initial research confused two Klimt paintings that Nazis stole from Jewish families during World War II: “Apple Tree II” and “Roses Under the Trees.” While the heirs of Nora Stiasny—an Austrian Jewish art collector killed in the Belzec death camp in 1942—were eventually proven to be the true owners of “Roses”, Austria’s Art Restitution Board incorrectly gave them “Apple Tree II” in 2001. In 2018, France announced the transfer of “Roses” from its national collection to the Stiasny heirs.

The effort to restitute art in Austria has been met with a mixed reception. In 2016, a draft supplement to Austrian cultural patrimony legislation was criticized for failing to revise a paragraph which promised buyers “the undisturbed right to possess an object and to offer it on the international art market without later being confronted with claims for restitution.”

The 1993 Monument Protection Act was tightened in 2014, followed by the 2015 ratification of the UNESCO convention of 1970.

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