MADRID.- The United States Court of Appeals for the Ninth Circuit has upheld its decision of January this year, confirming the Thyssen-Bornemisza Museum as the legitimate owner of a Camille Pissarro painting stolen by the Nazis in Germany in 1939.
The ruling, which Europa Press had access to, states that the decision is based on the application of the Foreign Sovereign Immunity Law and Spanish jurisprudence, not on Californian law, as requested by the litigating family of Jewish origin.
However, as confirmed by the Spanish lawyer representing the Federation of Jewish Communities of spain (FCJE) and the Jewish Community of Madrid, the heirs of Lilly Cassirer announced that they will appeal the sentence before the Tribunal Supreme Court of the United States and assured that it is most likely that the FCJE will join.
Although the court opposed the appeal filed by the Cassirer family, the ruling shows how one of the judges who participated in the process – Susan Pia Graber – voted against this decision, and then described the Spanish law as outdated in terms of until stolen in contrast to the newest California laws -from 2010- and specific to this case which, according to her, has a moral component.
“This is a matter of vital importance. The world is watching us (the American justice system). We should reach a resolution that is both legally binding and morally correct. I am deeply disappointed by this court’s decision, which has the unnecessary effect of perpetuating the harm caused by the Nazis during World War II… In short, the California law is specific, recent and fully consistent with modern trends both nationally and internationally, while the Spanish law is generalized, old and contrary to the most prevalent and progressive law of almost all other states and to the consensus,” the ruling states.
Cases 20 years of litigation
This case pits the Cassirer family of Jewish origin, who have been litigating for more than 20 years, against the Thyssen over the ownership of this work, which has been hanging in the Madrid museum since 1993.
The litigation dates back to 2005, when Claude Cassirer, Lilly Cassirer’s grandson, filed a lawsuit in California against the Spanish State and the Thyssen-Bornemisza Collection Foundation. After his death, his heirs continued the litigation, and after 15 years of legal battle, in August 2020 the United States Court of Appeals recognized the Thyssen-Bornemisza Collection Foundation as the legitimate owner of the Pissarro painting.
Similarly, in 2019, a Los Angeles court ruled that the Thyssen-Bornemisza Collection Foundation was the legitimate owner of the painting. Rue Saint Honor, rain effectHowever, in April 2022, the U.S. Supreme Court ruled in favor of the Cassirer family and determined that the conflict of laws rule of the state of California (rather than the federal rule) should apply.
In reaching this conclusion, the court took into account that, once a foreign State lacks immunity from jurisdiction, it is subject to the same rules of liability as a private entity.
The Spanish State supports the Thyssen
The State Attorney’s Office also appeared in 2017 in support of the Thyssen-Bornemisza Collection Foundation in this dispute. According to the document signed at the time by the State Attorney, María del Carmen Acedo, the application of Article 1956 of the Civil Code, as alleged by the Jewish Community of Madrid and the Federation of Jewish Communities of Spain, is not applicable in this case, since a conviction is required against the person who has stolen or robbed.
Specifically, the legal services of the Spanish State stated that the application of the special rule of acquisitive prescription established in article 1956 of the Spanish Civil Code inexcusably requires that a final judgment be issued declaring the existence of conduct constituting a criminal offense, for which reason it condemns the person who seeks to acquire by usurpation based on the possession resulting from said offense.
FUENTE: Europa Press