Van Gogh's 'Sunflowers' in Japanese Museum Faces Return Lawsuit... "Looted by Nazis"

Descendants of German-Jewish Bankers Demand Restitution
U.S. Files Lawsuit Based on 'Holocaust Restitution Act'

[Asia Economy Reporter Jeon Jin-young] The SOMPO Museum of Art in Japan, which owns the original painting 'Sunflowers' by Vincent van Gogh, has become embroiled in a lawsuit demanding the return of the artwork. The plaintiffs are descendants of a German-Jewish banker who once owned the painting, claiming that the artwork was effectively looted under coercion by the Nazi regime. They are demanding its return based on the United States' 'Holocaust Expropriated Art Recovery Act.'

However, the SOMPO Museum of Art refuses to return the painting, stating that it has owned the piece since 1987?35 years?and acquired it through a legitimate auction process. A fierce legal battle between the two parties is anticipated.

Sunflowers by Vincent van Gogh, featured on the official website of the SOMPO Museum of Art in Japan. (Photo by SOMPO Museum of Art official website)

According to Bloomberg News on the 17th, the heirs of Paul von Mendelssohn-Bartholdy, known as the first owner of van Gogh's 'Sunflowers,' have filed a lawsuit in the U.S. Federal District Court in Illinois against the SOMPO Museum of Art, which currently owns the painting. They are demanding the return of the painting along with damages amounting to 100 billion yen (approximately 964.5 billion KRW).

Mendelssohn-Bartholdy was a prominent German banker in the 1930s who suffered persecution by the Nazi regime due to his Jewish heritage. Because of this, he was forced to sell 'Sunflowers' along with works by Pablo Picasso and Claude Monet in 1934. The heirs argue that these works must be returned. They emphasize, "He was a victim of the Nazi era."

According to Nihon Keizai Shimbun (Nikkei), the 'Sunflowers' painting was sold to a British collector through a French art dealer in 1934, and in 1987, Yasuda Fire & Marine Insurance, the predecessor of Japan's SOMPO Japan Holdings, purchased it at a London Christie's auction for a record 5.3 billion yen. The painting is currently held by the SOMPO Museum of Art in Tokyo. The heirs claim that when the painting was sold, the former Yasuda Fire & Marine Insurance knew it was a work confiscated by the Nazis but purchased it anyway, unjustly profiting commercially.

Return Artworks Seized by Nazis... Law Enacted

A representative for the plaintiffs told Nikkei that the background for filing the lawsuit was that "in December 2016, under the Barack Obama administration, the statute of limitations for lawsuits concerning ownership of art seized during the Nazi persecution was revised, creating an opportunity for litigation."

This law, signed by President Obama, is the 'Holocaust Expropriated Art Recovery Act.' It is based on the Washington Principles, which state that appropriate and fair measures must be taken if it is confirmed that artworks were looted.

The law consolidates various state laws that had statutes of limitations on lawsuits, stipulating that victims can file suit within six years after recognizing the current possessor of art confiscated by the Nazis and demanding its return.

Vincent van Gogh's Sunflowers painting displayed at the entrance of the SOMPO Museum of Art in Japan. (Photo by SOMPO Museum of Art official website)

On the other hand, the SOMPO Museum of Art maintains that it cannot return the painting. The museum lowers the lighting in the exhibition room to preserve the artwork and regularly commissions restoration and maintenance annually. SOMPO Holdings, the parent company, shows great attachment to the collection, even including 'Sunflower' in the name of its life insurance product. Professor Tsukasa Kudera of Osaka University’s Department of Western Art History told Bloomberg News, "Since the painting is already closely linked to the company’s image, it seems unlikely they will easily give it up."

SOMPO told Nikkei, "We have not yet formally received the lawsuit, so we cannot provide detailed rebuttals," but stated that since the painting has been exhibited for 35 years, they will fully defend their ownership.

Meanwhile, in Japan, there have been cases where artworks persecuted and looted by Nazi Germany were actually returned. In 2001, a painting by Paul Klee held at the Kiyomizu Sannenzaka Museum in Kyoto was returned to the heirs of a Jewish Russian family. It was revealed that the painting had been confiscated by the Nazis in 1937 as 'degenerate art,' and it was returned to the family.