The procedure
The claim was prompted by a letter from the Origins Unknown Agency (BHG) of 21 May 2007, in which the Applicant was told of the presence of the painting in the NK collection and the possibility of submitting a claim.
Subsequent to the request for advice from the Minister, the Committee wrote a letter to the Applicant on 5 February 2009 in which a few questions were asked. Despite repeatedly sending reminders, the Committee got no response for a long time. In February 2011 the Committee learned that the Applicant had gone bankrupt and was no longer living at the address known to the Committee. The Committee thereupon contacted the Applicant’s receiver. The receiver stated in a letter dated 29 July 2011 that the bankruptcy would be discharged, and that from then on the Committee could approach the Applicant directly.
On 24 October 2011 the Committee once again asked the Applicant some questions in a letter, and a response was received on 8 November 2011. In a letter of 12 March 2012 the Committee put some further questions to the Applicant with regard to entitlement to the former assets of the art gallery, to which the Applicant responded in a letter dated 21 May 2012.
The Committee instigated an investigation into the facts and described the results in a draft investigation report. It was sent for comment with a letter dated 25 July 2012 to the Applicant, who replied in a letter of 7 August 2012. Together with a letter of 25 July 2012, the draft report was also sent to the Minister for additional information. On 21 August 2012 the Minister advised that there was no additional information. The report was finalized on 3 June 2013.
Op 25 July 2012 the Committee invited the Applicant for a discussion with a delegation from the Committee because of ambiguity about the Applicant’s entitlement to the assets of the Koch gallery. During this discussion, which took place on 12 November 2012, the Committee pointed out to the Applicant the importance to the investigation of the wills of the former owner of the Koch gallery, CC, and his widow, DD. In the context of this investigation, on 21 January 2013 the Committee sent the Applicant an authorization for requesting the said wills. The Applicant responded in a letter dated 28 February 2013 without returning the authorization. In a letter of 12 March 2013 the Committee once again offered the opportunity to send the authorization, to which the Applicant replied in a letter dated 29 March 2013, but once again without complying with the Committee’s request to sign the authorization.