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Sektionschef Dr. Rudolf Wran
Bundesministerium für Unterricht
und kulturelle Angelegenheiten
Minoritenplatz 5
A-1014 Vienna, Austria

Re:  Bloch-Bauer Estate

Dear Dr. Wran:

 Thank you for speaking with me by telephone on Wednesday, June 9, 1999. I subsequently telephoned Dr. Kremser, whose number you were so kind to give me. Dr. Kremser told me that he was not permitted to discuss his views of the Bloch-Bauer matter with me, however he did confirm that the newspaper article in Der Standard accurately reflected the argument he presented to the Beirat at the May 10, 1999 meeting.  He also told me that his argument was based on ABGB § 662.

 As I explained to Dr. Kremser, it seems highly unusual to me that a negative decision or recommendation could be made in secret and without giving the heirs an opportunity to respond to the arguments made by the opponents of restitution.  It is only thanks to the press reports after the last meeting that we have received a vague idea of what we must respond to. I cannot imagine that the parliament which unanimously passed the December 4, 1998, law intended that the heirs would be excluded from the decision-making process in this fashion.

 The family believes that Dr. Kremser's argument is, on a number of grounds, without merit and has asked Dr. Lintl to prepare a thorough refutation, which we will provide you for distribution to the Beirat.  I still hope that when the Beirat finally discusses the Bloch-Bauer case, they will quickly come to an agreement in favor of restitution.  However, to the extent that there is not yet an agreement in favor of restitution on June 28, the family would like to have the opportunity to learn more precisely of the nature of the disagreement and be permitted to respond and appear before the Beirat to explain their position.

 Ferdinand Bloch-Bauer never felt obligated to donate his Klimt paintings to the Austrian Gallery. After all of his property, including the Klimt paintings, was stolen from him during the war, he was understandably not inclined to make such a donation. As in many restitution cases after the war, Austria took an aggressive and unfounded legal position in an attempt to keep the artworks in Austria. This strategy worked.  Minister Gehrer has already concluded that the connection between the decision to donate the Klimt paintings and the request for export permits is "evident."

 Minister Gehrer has committed herself to justice ("Gerechtigkeit") and generosity ("Großzügigkeit") in the restitution process. These concepts are incompatible with a system where the heirs are excluded, where decisions are made in secret, and where the representatives of the government holding the stolen property are allowed to be the sole advocates, judges and jurors in the case.

 As always, the family appeals to your own sense of justice, in which I fervently believe, and hope that as leader of the Beirat you will be able to persuade your colleagues to follow a just course in this case.

   Very truly yours,

     E. Randol Schoenberg

cc:    Mrs. Maria Altmann

 Bundesministerin Elisabeth Gehrer

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