The Bundesgerichtshof judgment in the Sachs Art Collection Case (see March 19, 2012 post) is now available online in full. The court based its ruling on the concept that restitution in rem (Naturalrestitution) was to remain the standard remedy, and was to take priority (“das vorrangige Ziel der Naturalrestitution”), over monetary compensation, wherever possible. It was on that basis that the scope of the restitution rules had to be interpreted. Continue reading
In a judgment handed down on March 16, 2012, the Federal Supreme Court (Bundesgerichtshof) ordered the German Historcial Museum (Deutsches Historisches Museum) in Berlin to return the art collection of Jewish art collector Hans Sachs to his son. The Federal Supreme Court reversed an earlier decision of the Berlin Court of Appeals (Kammergericht). This brings a long-running litigation to an end.