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April 25, 2025

A landmark win in the fight for restitution: Egon Schiele’s Russian War Prisoner ordered returned to Grünbaum heirs

In a resounding decision that reverberates across the international art world, the Supreme Court of New York County ruled on Wednesday (23 April) in favour of New York's District Attorney's Office, ordering the return of the Austrian Expressionist Egon Schiele’s 1916 drawing Russian War Prisoner from the Art Institute of Chicago.  New York Supreme Court Judge Althea Drysdale’s 79-page opinion, praised by art restitution scholars, affirms that justice—though long delayed—remains possible in cases of Nazi-looted art.

Drysdale ruled on 5 issues:
 
1.⁠ ⁠Under NY law, Russian War Prisoner constitutes stolen property from 1938 when the Nazis confiscated it and it remains stolen property today.

2.⁠ ⁠AIC did not engage in reasonable inquiry – even discounting for the standards of the day, they were on full notice and did not ask a single question.

3.⁠ ⁠NY has jurisdiction based on all the actions that took place in NY – and no number of times the work changed hands deprives NY of that jurisdiction.

4.⁠ ⁠The application is not time-barred—the statute of limitations applies to people, not property.

5.⁠ ⁠PL 450.10 is the appropriate vehicle for the disposition of the artwork.

Fritz Grünbaum, a celebrated Austrian-Jewish cabaret performer and art collector, was imprisoned by the Nazis and later perished in the Dachau Concentration Camp. During his internment, Grünbaum's remarkable collection of artworks, including numerous works by Egon Schiele, was unlawfully seized.  For nearly two decades, his heirs have been engaged in a legal battle to reclaim these cultural treasures, more than 80 of which made their way into United States Museum's via galleries and collections in New York. 

This week's ruling follows on a broader pattern of Holocaust-era restitution in recent years.  Over the past two years, the New York District Attorney's Office in Manhattan has been successful at convincing museums and private collectors to voluntarily relinquish Schiele art works once held in Grünbaum’s collection after walking them through the sometimes complex but ultimately compelling evidence.  Those earlier institutions recognised the evidence presented, as well as the historical injustice and took action to right long-standing wrongs.

The Art Institute of Chicago took a different stance however.  Rather than accept the findings of provenance research and the investigative conclusions regarding the Nazi-era seizure, the museum opted to challenge the jurisdiction of the Manhattan District Attorney to to initiate a criminal proceeding, treating the museum’s Schiele as stolen property, in what the museum argued was a civil dispute with a good faith purchaser.  The DA’s office, however, viewed the work as stolen property under New York law—a stance the court ultimately upheld in Judge Drysdale’s critical court ruling.

The decision, reported this week in The New York Times, marks a pivotal moment not only for the Grünbaum family but for the broader field of Holocaust-era restitution. The ruling sends a clear message: museums and collectors cannot hide behind good faith acquisition when the underlying reality is the object is stolen property. 

This victory is the culmination of years of tireless advocacy and legal action initiated as far back as 2005. It reaffirms the legal and moral imperative to return artworks looted under persecution, particularly when the theft is linked to genocide. As the Manhattan District Attorney’s Office continues its work investigating and supporting the recovery of looted art, this case may set a powerful precedent for future restitution claims still pending in courts and museum storerooms around the world.

With this win, hope remains alive that other works from Grünbaum’s collection—still held by private collectors and public institutions—may eventually be returned to their rightful heirs.  Justice, in this case, may have taken nearly a century, but it is a testament to the enduring power of memory, persistence, and the rule of law.

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