There is a family history behind every restitution application. The object for which restitution is being requested is often the only tangible reminder of family members murdered by the Nazi regime during the Second World War or who otherwise did not survive the horrors of that war. Restitution of an object looted by the Nazis can help surviving relatives reconstruct their shared history.
The Restitutions Committee assesses requests for the return of cultural goods that were lost involuntarily during the Nazi regime. The original owner of a cultural object or their legal successor or successors pursuant to inheritance law (heirs) may submit a restitution application. Justice can only be done once for every application. That calls for a clear legal ‘guardrail’. The Restitutions Committee uses an unambiguous framework that prevents heirs from being missed and ensures that arbitrariness is avoided.
How does a restitution application work?
The submission of an application begins by establishing who has custody of the item of cultural value. This can be the Dutch State (Dutch National Art Collection) or another entity such as a museum, a local authority, a foundation or a private individual (other collections). Different procedures apply according to what type of collection is involved.
Dutch National Art Collection
If it concerns a cultural item that is in the Dutch National Art Collection, the original owner or at least one of their legal successors pursuant to inheritance law can submit an application. The application is sent to the Netherlands Cultural Heritage Agency (RCE), which acts on behalf of the Minister of Education, Culture and Science. The Restitutions Committee advises in these cases at the request of the Minister. It is then up to the Minister to decide about the application.
Other collections
If it concerns cultural material outside the Dutch National Art Collection, the original owner or all their legal successors pursuant to inheritance law jointly and the current owner can enter into an agreement on the basis of consultation and decide, through the RCE, to involve the Restitutions Committee and request it to issue an opinion that is binding on all parties. The Restitution Commission can only begin its work once agreement between all parties involved has been reached. For this to happen it is necessary that all legal successors pursuant to inheritance law are identified. This can sometimes be a complex process, but it is necessary because the Committee issues a binding opinion.
Read more about this under procedure.
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News
20 December 2017
The Restitutions Committee has advised the Minister of Education, Culture and Science to restitute three paintings from the Dutch National Art Collection to the heirs of the original Jewish owner Joseph Henri Gosschalk.
7 May 2010
The Restitutions Committee has issued a recommendation to the State Secretary for Education, Culture and Science concerning five claims to looted works of art. The recommendation advises that three claims be granted and two be rejected.
9 November 2023
The Restitutions Committee has advised the State Secretary for Culture and Media to restitute the painting God Appearing to Abraham at Sichem by Moeyaert to Herman Hamburger’s heir. The Committee concluded on the grounds of the investigation conducted by the Expert Centre Restitution that it is highly likely that the painting had been part of the private collection of the Jewish art dealer and collector Herman Hamburger since 1936. It also became sufficiently plausible that Hamburger lost possession of the painting as a result of circumstances directly connected with the Nazi regime.
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