Detail page - Stiftung Preußischer Kulturbesitz

The SPK is unequivocally committed to the Washington Principles of 1998 and their implementation in Germany. In a letter dated September 25, 2024, it explained to the Advisory Commission that it would agree to the matter being referred to the Commission, but that questions regarding the eligibility of individual claimants, among other things, still needed to be clarified first, as stipulated in the Commission's Rules of Procedure from 2016. The Advisory Commission did not respond to the SPK. The SPK is therefore surprised by the Chairman's current public statements, but has contacted the Commission again in a letter dated February 4, 2025 with a request for a short-term meeting to clarify the outstanding preliminary questions. At the same time, it also asked the legal representatives of Alice Koch's descendants to meet again to clarify the outstanding issues.

The case

The Guelph Treasure has been the subject of various restitution claims since 2008. Since then, the SPK has repeatedly carried out thorough and extensive research into the circumstances surrounding the sale of the Guelph Treasure in 1935. Even after receiving the new documents in 2022 from new claimants, it has once again conducted in-depth research and examined the historical facts.

In 2014, the Advisory Commission issued a substantive recommendation for the first time. It followed the opinion of the SPK that the sale should not be classified as a sale due to persecution, as the purchase price was reasonable and the sellers received it at their free disposal. It stated: “Although the Commission is aware of the difficult fate of the art dealers and their persecution during the Nazi era, there is no evidence to suggest that the art dealers and their business partners in this (...) specific case were put under pressure during the negotiations - for example by Göring”. In the opinion of the SPK, the newly submitted documents also do not show without a doubt that the sale of the Guelph Treasure in June 1935 can be classified as a forced sale due to persecution. 

Claimants

The SPK is faced with competing claims from several applicants. The Rules of Procedure of the Advisory Commission state that referral to the Commission requires, among other things, that “the persecution-related seizure and the entitlement of the claimants (...) has been examined by the party disposing of the cultural property”. The SPK has not yet been able to sufficiently clarify this question of entitlement. It already explained this to the Commission in September 2024 without receiving an answer. According to the statements made by the Chairman of the Advisory Commission in rbb Kultur on February 1, 2025, the SPK contacted the Commission again in order to clarify the open questions.

The sale of the Guelph Treasure in June 1935 had a history of several years with numerous parties involved. Four Jewish art dealers had acquired the Guelph Treasure in 1929 as representatives of a larger consortium with the aim of selling it on at a profit. The individual members of the consortium had contributed varying amounts of money to the purchase. SPK is in contact with the legal representatives of three groups who derive their claims from different persons.

In 2008, descendants of the four art dealers who acted as sellers approached the SPK. Following the recommendation of the Advisory Commission, which declared in 2014 that it could not recommend restitution, they attempted to enforce their alleged claims in US courts in 2015. These declared themselves incompetent in 2023. The claimants are represented by the lawyers Stötzel and Urbach and argue that, as descendants of the original signatories to the agreement, they can continue to act on behalf of the entire consortium. The other claimants do not share this view.

In 2022, the lawyers Rosbach and Frémy approached SPK, who, along with other individuals, represent one of Alice Koch's descendants. Alice Koch was a member of the consortium with a considerable share in the Guelph Treasure. She had to pay Reich flight tax in October 1935 and was able to flee to Switzerland shortly afterwards. The lawyers and SPK jointly decided to wait for the outcome of the US proceedings. While discussions with the lawyers Frémy and Rosbach were still ongoing, the lawyers Stötzel and Urbach approached the Advisory Commission in March 2024. They referred to the documents relating to Alice Koch. Frémy and Rosbach followed suit in April 2024.

A group of other potential beneficiaries, represented by a third law firm, has not appealed to the Advisory Commission, but is in contact with the SPK. This group also includes descendants of Alice Koch.

The SPK is strongly committed to finding just and fair solutions for the restitution of Nazi-looted property. Since 1999, it has processed more than 50 restitution requests and returned more than 350 works of art and more than 2,000 books to their rightful owners. These included a drawing by Vincent van Gogh, works by Munch and “The Watzmann” by Caspar David Friedrich.