Court annulled decision of Dutch Restitution Commission because the Restitutiecommissie did not follow good procedure

Rechtsanwaltskanzlei Ossmann 10 December 2014

December 10, 2014

The court Medden-Nederland in Utrecht, NL, has annulled the "binding opinion" of the Dutch Restitution Commission in case of RC 3.131. Basis for the Binding Opinion of the Dutch Restitution Commission was a request for a refund of the painting "Madonna and Child with Wild Roses" by Jan von Scorel by the heirs of Richard Semmel, who had to sell the painting in 1933 as result of his persecution by the Nazi Regime in Germany.

The application for judicial review was filed by the heirs of the former owner Richard Semmel after the Restitution Commission recognized the auctioning of the painting at an auction in 1933 as a result of persecution and a forced sale but decided that the interests of the current owner, the Centraal Museum of Utrecht outweighed those of the claimants.

The court saw extensive procedural errors that led to an unfair trial for the applicants and her lawyer, Olaf S. Ossmann from Winterthur and had to lead to the cancellation.

The Restitution Commission and the Centraal Museum are prompted to participate for a new procedure – in case the applicants request such with the Ministry of Culture.

Link to the annulled Binding Opinion (with picture):


Presscontakt: Rechtsanwaltskanzlei Ossmann,

                RA Olaf S. Ossmann, Winterthur

Tel: +41 44 500 33 52


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