Venus in Vulcan's Smithy after F. Boucher

Advice concerning the application for restitution of NK 3298

Venus in Vulcan’s Smithy after F. Boucher

Report number: RC 1.3

Advice type: NK collection

Advice date: 22 April 2002

Period of loss of ownership: 1940-1945

Original owner: Private individual

Location of loss of ownership: The Netherlands

NK 3298 – Venus in Vulcan’s Smithy after F. Boucher (photo: RCE)

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Recommendation

By letter of 2 April 2002 the State Secretary for Education, Culture and Science asked the Committee for advice about the decision to be taken concerning the application by F.M. for restitution of the painting “Venus in Vulcan’s Smithy” after F. Boucher (NK 3298).

The facts

In connection with the application for restitution, which was filed on 10 October 2001, the Cultural Heritage Ownership Inspectorate (Inspectie Cultuurbezit) carried out an investigation into the facts. The findings of the investigation were included in a research report dated 18 March 2002, which was sent to the applicant.

General considerations

The Committee has drawn up its opinion with due regard for the relevant lines of policy issued by the Ekkart Committee and the government.

The Committee asked itself whether it is acceptable that an opinion to be issued is influenced by its potential consequences for decisions in other cases. The Committee resolved that such influence cannot be accepted, save cases where special circumstances apply, since allowing such influence would be impossible to justify to the applicant concerned.

The Committee then asked itself how to deal with the circumstance that certain facts can no longer be traced, that certain data has been lost or has not been retrieved, or that evidence can no longer be otherwise compiled. On this issue the Committee believes that, if the problems that have arisen can be attributed at least in part to the lapse of time, the associated risk should be borne by the government, save cases where exceptional circumstances apply.

Finally, the Committee believes that insights and circumstances which, according to generally accepted views, have evidently changed since the Second World War should be granted the status of new facts.

Special considerations

The research report mentioned above states that the painting “Venus in Vulcan’s Smithy” was the property of a Mrs H. M.-M, who was of Jewish descent. She involuntarily lost possession of the painting during the occupation. Her claims of title to the painting are plausible and have indeed been acknowledged by the Dutch authorities.

The application for restitution should be regarded as a new claim, since the request for restoration of property rights made at the time never resulted in a valid decision, due to the erroneous notion that tax debts incurred by Mrs M.’s husband, Mr E.M. M., could be recovered from the painting.

Given that the proceeds on the sale of the painting at the time, to an amount of NLG 1,000, were never transferred to Mrs M., no refund can be claimed. Since the government, in accordance with its policy in cases like the present one, refrains from invoking prescription, there is nothing that would obstruct restitution of the painting.

Conclusion

In view of the above the Committee advises the State Secretary for Education, Culture and Science to return the painting “Venus in Vulcan’s Smithy” to the heirs of Mrs H. M.-M.

Adopted at the meeting of 22 April 2002.

J.M. Polak (Chairman)
B.J. Asscher (Vice Chairman)
J.Th.M. Bank
J.C.M. Leijten
E.J. van Straaten
H.M. Verrijn Stuart

Summary RC 1.3

‘VENUS IN VULCAN’S SMITHY’ AFTER BOUCHER (NK 3298)

On 2 April 2002, the State secretary for OCenW asked the Restitutions Committee for its advice regarding an application for the restitution of the painting ‘Venus in Vulcan’s Smithy’ after F. Boucher (NK 3298). On 10 October 2001, Mr. M. had, also on his sister’s behalf, applied to the State secretary for restitution of this painting, which originally had been owned by his Jewish grandparents.

Summary of documentary report

The painting ‘Venus in Vulcan’s Smithy’, a copy (dated to the second half of the18th century) after a painting by F. Boucher, was part of the Dutch national art collection (inventory number NK 3298). It was discovered that before and during the war the painting had belonged to Mrs. M.-M, who originally was of Hungarian nationality. During the war, as a result of the anti-Jewish measures, she had been forced to surrender the painting to Lippmann, Rosenthal & Co., the German body specialising in looting. The records of this body, part of which had been preserved and were found after the war, provided a detailed list of the valuables that she had surrendered. As was common practice for these bodies during the war, this painting was re-sold to a German art dealer. Mrs. M.-M. did not survive the war, and neither did many of the members of her immediate family.

In 1948, the painting was recovered and initially deemed to be the former property of Mrs. M.-M. However, an application for the restitution of the painting by the son of Mrs. M.-M would prove to be a long and difficult process. In the end, at the end of the 1950s, the claim foundered on complications regarding tax debts of Mrs. M.-M.’s spouse, Mr. M., as the tax authorities tried to confiscate assets from his estate. Aside from questions that arose regarding the tax assessments imposed on Mr. M. during the war, it appeared in addition that an important aspect of property law had been overlooked at that time. The painting had been classified as part of Mr. M.’s estate whereas in fact it had belonged to Mrs. M.-M. Even though Mr. M. and Mrs. M.-M. were married, they did not have any matrimonial property and had lived apart. Therefore, the painting had never been part of Mr. M.’s assets.

Advice

In the meeting on 22 April 2002, the Restitutions Committee decided on its advice, namely that the painting should be restituted to the heirs of Mrs. M.-M. The committee considered it proven that Mrs. M.-M. was the former owner of the painting and that the loss of possession during the war had been involuntary. In the committee’s opinion, the application by the grandson of Mrs. M.-M. had, within the context of the government policy, to be seen as a new claim. Now that it had been established that the earlier decision was based on the erroneous assumption that Mr. M. was the owner of the painting, a decision made on this basis could not be deemed to be valid.

The State secretary for OCenW adopted this advice and ruled in favour of the restitution of the painting.

Recommendation:

Venus in Vulcan’s Smithy after F. Boucher