Article June 7, 2004, Washington Times

Court upholds Nazi-era art return

Washington, DC, Jun. 7 (UPI) -- The U.S. Supreme Court ruled Monday that a
federal law allowing victim restitution from foreign governments extends
back even to the Nazi era.

The 6-3 ruling is an individual victory for a family trying to recover
artwork stolen from an Austrian Jewish relative. But the general principle
of the ruling is a larger victory for those who want to bring private claims
against foreign governments for wrongful conduct.

A niece and heir to the artwork's owner filed suit in federal court against
Austria in an attemmpt to reover her uncle's property, which included
paintings by Gustav Klimt.

The suit was filed under the Foreign Sovereign Immunities Act.

Austria claimed when the alleged wrongdoing took place -- in 1948, when the
Austrian government took possession of the art -- foreign governments
enjoyed absolute immunity in U.S. courts.

A federal judge refused Austria's motion to dismiss the case and a federal
appeals court affirmed.

The Supreme Court agreed, saying FSIA applies to conduct that occurred prior
to the enactment of the law.


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