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The US Court of Appeal has determined that the Thyssen-Bornemisza Collection Foundation is the legitimate owner of Camille Pissarro's painting 'Rue Saint-Honoré in the afternoon. Effect of rain '(1897). This has been reported by the museum, which explains that this decision resolves the case by confirming the decision of the District Court that determined, after a trial, that the Foundation was the legitimate owner of the work.

The painting, which will continue to be exhibited at the Museo Nacional Thyssen-Bornemisza, is a Parisian street scene painted in 1897 by Pissarro, which has been on display in the museum since 1992 and which the Spanish State acquired as part of the collection of Baron Heinrich Thyssen- Bornemisza.

The original lawsuit was filed in 2005 by photographer Claude Cassirer , a resident of La Mesa (California), who discovered five years before that the painting was exhibited in Madrid. Cassirer, who died in September 2010 at the age of 89, appealed to the Californian courts to demand that the Fundación Colección Thyssen-Bornemisza and the Kingdom of Spain hand over the Pissarro to him.

After his death, his heirs kept the case open, considering that the work belonged to Lilly Cassirer Neubauer , grandmother of Claude Cassirer, a Jewish woman who managed to flee Nazi Germany and was forced to dispose of the painting for $ 360 , in marks. Germans, in their attempt to obtain a visa to leave the country.

After the war, Lilly Cassirer sued the work in court and the German federal government recognized it as its legal owner and gave her 120,000 marks as compensation.

The painting was located in the United States in 1951, when it was purchased by the art collector Sydney Brody . Later, it was acquired by Baron Hans Heinrich Thyssen-Bornemisza in 1976.

Lack of full story

'Rue Saint-Honoré in the afternoon. Rain effect ', by PissarroTHYSSEN

According to the Thyssen Museum, the plaintiffs did not disclose that Lily Cassirer Neubauer had been compensated for the loss of the painting by the German State in 1958, as she had requested, for the value of the work on the market at that time.

"We are pleased with the unanimous confirmation of the Court of Appeal on the recognition of the legitimate property of the Foundation of the Pissarro painting," said the managing director of the Fundación Colección Thyssen-Bornemisza, Evelio Acevedo , thanking all the institutions that They have supported them in this litigation and have praised the work of their lawyers, Nixon Peabody in the United States and Pedro Alemán Abogados in Spain.

The Thyssen Museum recalls that in April 2019, a Los Angeles District judge established that when the Spanish State bought the painting from Baron Hans Heinrich Thyssen-Bornemisza in 1993, it was unaware of what had happened to it during World War II.

And now, he adds, the Court of Appeal has unanimously rejected the plaintiffs' arguments and further contends that the District Court applied the correct standard when judging the historical evidence, a court that confirmed that Baron Thyssen did not know the story. of the painting when he acquired it in 1976 from a reputable gallery in New York City.

For its part, the firm B. Cremades y Asociados, in person at the Court of Appeals of the Ninth Circuit on behalf of the Federation of Jewish Communities of Spain and the Jewish Community of Madrid, has indicated that this decision may be appealed in cassation to the Court Supreme of the USA.

In addition, the Cremades office highlights that in the ruling the Court of Appeals criticizes the Spanish State for "breaching" its commitments on confiscated art under the Washington Principles and the Terezin Declaration as they are not binding and believes "a pity that a country and a government may pretend to be moralistic in their statements, but not be bound by those statements. "

According to the criteria of The Trust Project

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