Republic of Austria v. Altmann
Encyclopedia
Republic of Austria v. Altmann, 541 U.S. 677
(2004), was a case in which the Supreme Court of the United States
held that the Foreign Sovereign Immunities Act
applies retroactively. It is one of the most recent cases that deals with the "anti-retroactivity doctrine", which is a doctrine that holds that courts should not construe a statute to apply retroactively
(to apply to situations that arose before it was enacted) unless there is a clear statutory intent that it would do so. This means that, regarding lawsuits filed after its enactment, the FSIA standards of sovereign immunity
and its exceptions apply even to conduct that took place before 1976.
The result of this case for the plaintiff
, Maria Altmann
, was that she was authorized to proceed with a civil action against Austria
in a U.S. federal district court for recovery of a painting stolen by the Nazis
and then housed in a government museum. As the Supreme Court noted in its decision, Altmann had already tried suing the museum before in Austria, but was forced to voluntarily dismiss her case because of Austria's rule that court costs
are proportional to the amount in controversy
(in this case, the enormous monetary value of the painting). That is, just to file
her complaint in an Austrian court, she would have had to pay a filing fee of $135,000 (an outrageous requirement when measured by American standards of due process
). Although Altmann's forum shopping
was quite transparent, Justice Stephen Breyer
, in his concurring opinion
, emphasized that the Court was dealing purely with the FSIA retroactivity issue and not with "any legal determination about the merits of Austrian legal procedures."
As a result of the Court's decision, both parties agreed to arbitration
in an Austrian court in 2005, which in turn ruled in favor of Altmann on 16 January 2006.
The ruling in favor of Maria Altmann came as a great shock to the Austrian public and the government. The loss of the paintings was regarded in Austria as a loss of national treasure. The Austrian government received wide criticism from the opposition parties for its failure to secure a deal with Maria Altmann at an earlier stage. Maria Altmann told the government that the time was up and there would be no deal from her side anymore. She had attempted earlier to come to some mutual agreement in the 1990s, however the government kept on ignoring her offers and her letter. The Austrian government declined to accept a condition of the arbitration which would have allowed it preferentially to purchase the paintings at an attested market price. The paintings left Austria in March 2006 and were flown to Los Angeles
. There were various attempts by Austrians to buy at least some of the works back.
Just months after the Austrian government finally returned Ms. Altmann's family's heirlooms to her, she consigned the Klimts to the auction house Christie's
, to be sold on her behalf. Portrait of Adele Bloch-Bauer I sold for $135 million, and Portrait of Adele Bloch-Bauer II for $88 million, with the five paintings fetching a total of over $327 million.
, and leading experts from around the world. Altmann's story was also the subect of the documentary Stealing Klimt, which was released 2007. That movie also featured interviews with Altmann and others who were closely involved with the story.
Case citation
Case citation is the system used in many countries to identify the decisions in past court cases, either in special series of books called reporters or law reports, or in a 'neutral' form which will identify a decision wherever it was reported...
(2004), was a case in which the Supreme Court of the United States
Supreme Court of the United States
The Supreme Court of the United States is the highest court in the United States. It has ultimate appellate jurisdiction over all state and federal courts, and original jurisdiction over a small range of cases...
held that the Foreign Sovereign Immunities Act
Foreign Sovereign Immunities Act
The Foreign Sovereign Immunities Act of 1976 is a United States law, codified at Title 28, §§ 1330, 1332, 1391, 1441, and 1602-1611 of the United States Code, that establishes the limitations as to whether a foreign sovereign nation may be sued in U.S. courts—federal or state...
applies retroactively. It is one of the most recent cases that deals with the "anti-retroactivity doctrine", which is a doctrine that holds that courts should not construe a statute to apply retroactively
Ex post facto law
An ex post facto law or retroactive law is a law that retroactively changes the legal consequences of actions committed or relationships that existed prior to the enactment of the law...
(to apply to situations that arose before it was enacted) unless there is a clear statutory intent that it would do so. This means that, regarding lawsuits filed after its enactment, the FSIA standards of sovereign immunity
Sovereign immunity
Sovereign immunity, or crown immunity, is a legal doctrine by which the sovereign or state cannot commit a legal wrong and is immune from civil suit or criminal prosecution....
and its exceptions apply even to conduct that took place before 1976.
The result of this case for the plaintiff
Plaintiff
A plaintiff , also known as a claimant or complainant, is the term used in some jurisdictions for the party who initiates a lawsuit before a court...
, Maria Altmann
Maria Altmann
Maria Altmann was a Jewish refugee from Nazi Austria, noted for her ultimately successful legal campaign to reclaim five family-owned paintings by the artist Gustav Klimt, stolen by the Nazis during World War II, from the Government of Austria.She was born Maria Victoria Bloch, in Vienna...
, was that she was authorized to proceed with a civil action against Austria
Austria
Austria , officially the Republic of Austria , is a landlocked country of roughly 8.4 million people in Central Europe. It is bordered by the Czech Republic and Germany to the north, Slovakia and Hungary to the east, Slovenia and Italy to the south, and Switzerland and Liechtenstein to the...
in a U.S. federal district court for recovery of a painting stolen by the Nazis
Nazism
Nazism, the common short form name of National Socialism was the ideology and practice of the Nazi Party and of Nazi Germany...
and then housed in a government museum. As the Supreme Court noted in its decision, Altmann had already tried suing the museum before in Austria, but was forced to voluntarily dismiss her case because of Austria's rule that court costs
Court costs
Court costs are the costs of handling a case, which, depending on legal rules, may or may not include the costs of the various parties in a lawsuit in addition to the costs of the court itself. Court costs can reach very high amounts, often far beyond the actual monetary worth of a case...
are proportional to the amount in controversy
Amount in controversy
Amount in controversy is a term used in United States civil procedure to denote the amount at stake in a lawsuit, in particular in connection with a requirement that persons seeking to bring a lawsuit in a particular court must be suing for a certain minimum amount before that court may hear the...
(in this case, the enormous monetary value of the painting). That is, just to file
Filing (legal)
In law, filing is the act of submitting a document to the clerk of a court for the court's immediate consideration, for storage in the court's files, or both. Courts will not consider motions unless an appropriate memorandum or brief is filed before the appropriate deadline...
her complaint in an Austrian court, she would have had to pay a filing fee of $135,000 (an outrageous requirement when measured by American standards of due process
Due process
Due process is the legal code that the state must venerate all of the legal rights that are owed to a person under the principle. Due process balances the power of the state law of the land and thus protects individual persons from it...
). Although Altmann's forum shopping
Forum shopping
Forum shopping is the informal name given to the practice adopted by some litigants to get their legal case heard in the court thought most likely to provide a favorable judgment...
was quite transparent, Justice Stephen Breyer
Stephen Breyer
Stephen Gerald Breyer is an Associate Justice of the U.S. Supreme Court. Appointed by President Bill Clinton in 1994, and known for his pragmatic approach to constitutional law, Breyer is generally associated with the more liberal side of the Court....
, in his concurring opinion
Concurring opinion
In law, a concurring opinion is a written opinion by one or more judges of a court which agrees with the decision made by the majority of the court, but states different reasons as the basis for his or her decision...
, emphasized that the Court was dealing purely with the FSIA retroactivity issue and not with "any legal determination about the merits of Austrian legal procedures."
As a result of the Court's decision, both parties agreed to arbitration
Arbitration
Arbitration, a form of alternative dispute resolution , is a legal technique for the resolution of disputes outside the courts, where the parties to a dispute refer it to one or more persons , by whose decision they agree to be bound...
in an Austrian court in 2005, which in turn ruled in favor of Altmann on 16 January 2006.
Case
Adele Bloch-Bauer, the subject of two of the paintings, had written in her last will: "Meine 2 Porträts und 4 Landschaften von Gustav Klimt, bitte ich meinen Ehegatten nach seinem Tode der österr. Staats-Galerie in Wien zu hinterlassen" - I ask my husband to bequeath my 2 portraits and the 4 landscapes by Gustav Klimt to the Austrian state gallery in Vienna after his death. Ferdinand Bloch-Bauer signed a statement acknowledging Adele's wish in her last will. He also donated one of the paintings to Belvedere Gallery in Vienna in 1936. However, in a controversial ruling, the Austrian Supreme Court determined that Adele was probably never the legal owner of the paintings. Rather, it viewed it as more likely that Ferdinand Bloch-Bauer was their legal owner and that in turn Altmann was the rightful heir of Ferdinand's estate.Los Ángeles
Los Ángeles is the capital of the province of Biobío, in the commune of the same name, in Region VIII , in the center-south of Chile. It is located between the Laja and Biobío rivers. The population is 123,445 inhabitants...
. There were various attempts by Austrians to buy at least some of the works back.
Just months after the Austrian government finally returned Ms. Altmann's family's heirlooms to her, she consigned the Klimts to the auction house Christie's
Christie's
Christie's is an art business and a fine arts auction house.- History :The official company literature states that founder James Christie conducted the first sale in London, England, on 5 December 1766, and the earliest auction catalogue the company retains is from December 1766...
, to be sold on her behalf. Portrait of Adele Bloch-Bauer I sold for $135 million, and Portrait of Adele Bloch-Bauer II for $88 million, with the five paintings fetching a total of over $327 million.
Documentaries
Maria Altmann's story has been recounted in two documentary films. Adele's Wish by filmmaker Terrence Turner, who is the husband of Altmann's great-niece, was released in 2008. Adele's Wish features interviews with Altmann, her lawyer, E. Randol SchoenbergE. Randol Schoenberg
E. Randol Schoenberg is a U.S. attorney, based in Los Angeles, California. He is the grandson of the Austrian composers Arnold Schoenberg and Eric Zeisl....
, and leading experts from around the world. Altmann's story was also the subect of the documentary Stealing Klimt, which was released 2007. That movie also featured interviews with Altmann and others who were closely involved with the story.
See also
- Portrait of Adele Bloch-Bauer IPortrait of Adele Bloch-Bauer IPortrait of Adele Bloch-Bauer I is a painting by Gustav Klimt completed in 1907. According to press reports it was sold for US$135 million to Ronald Lauder for his Neue Galerie in New York City in June 2006, which made it at that time the most expensive painting for about 4 months...
- List of United States Supreme Court cases, volume 541
- List of United States Supreme Court cases
- National Fund of the Republic of Austria for Victims of National SocialismNational Fund of the Republic of Austria for Victims of National SocialismThe National Fund of the Republic of Austria for Victims of National Socialism, , is a fund created by the Republic of Austria to seek to apply restitution for property confiscated by the Nazis during World War II...
- E. Randol SchoenbergE. Randol SchoenbergE. Randol Schoenberg is a U.S. attorney, based in Los Angeles, California. He is the grandson of the Austrian composers Arnold Schoenberg and Eric Zeisl....
- Maria AltmannMaria AltmannMaria Altmann was a Jewish refugee from Nazi Austria, noted for her ultimately successful legal campaign to reclaim five family-owned paintings by the artist Gustav Klimt, stolen by the Nazis during World War II, from the Government of Austria.She was born Maria Victoria Bloch, in Vienna...
External links
- Adele's Wish Documentary film on the Republic of Austria v. Altmann court case
- www.adele.at/
- National Fund of the Republic of Austria for Victims of National Socialism
- Institute for the History of Jews in Austria
- Holocaust Victims' Information and Support Center
- Republic of Austria | Historikerkommission