On 14 March 2007, the applicant submitted an application for restitution for what she described as ‘de collectie May’ [the May collection]. At that time, the Minister advised the applicant that he could only submit the claim for a recommendation in relation to the painting NK 2558, as the remaining objects were insufficiently specified. On 27 April 2007, the Minister asked the Committee for a recommendation concerning the claim to NK 2558 and on 10 November 2008 the Committee issued a recommendation to reject this claim.
As recommended by the Minister, the applicant then asked the RMA for assistance in investigating whether the objects from ‘the May collection’ were at that museum. This investigation resulted in a list of approximately 335 objects (hereafter referred to as: the May collection). In a letter dated 13 February 2009, the Minster requested the Committee to issue a recommendation concerning those works housed at the RMA.
Following this application for restitution, the Committee instigated a fact-finding investigation, the results of which were included in a draft investigatory report dated 7 March 2011. The draft investigatory report and a request for additional information were sent to the applicant on 17 March 2011, to which she responded, after an agreed deferral, in a letter dated 18 May 2011. The draft investigatory report was sent in letters to the RMA and the State Secretary for Education, Culture and Science (hereafter referred to as: the State Secretary) requesting more factual information, dated 17 March 2011. The RMA responded to this in a letter dated 13 May 2011 and answered the further questions posed by the Committee in the above-mentioned letter. On 16 May 2011, the State Secretary advised that he did not have any additional information he wanted the Committee to consider. The investigatory report was then adopted on 19 September 2011. For the facts of the case, the Committee refers to the investigatory report.
The Dutch State bought the currently claimed works in 1944, making them part of the Dutch national art collection. Although the objects are not part of the Netherlands Art Property Collection, which is made up primarily of works of art that were returned to the Netherlands after the liberation, the Committee will issue its recommendation under article 2, paragraph 1 in conjunction with paragraph 4 of the Decree establishing the Restitutions Committee, which stipulates that, with regard to items of cultural value that are in the custody of the Dutch State, the Committee has to issue a recommendation with due regard for the more relaxed restitutions policy.
 The State Secretary for Education, Culture and Science took over the restitution file from the Minister on 24 February 2010.