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The descendants of a Jewish spouses have initiated legal proceedings against The Metropolitan Museum of Art, claiming that a the Dutch artist canvas was stolen by the Third Reich.

Case History

According to the legal filing, Hedwig and Frederick Stern bought the painting, titled Gathering Olives, in the mid-1930s. A year after, they were obliged to escape their home in Munich just before World War II.

The legal action argues that the institution, which acquired the artwork in 1956 for a significant sum, must have realized it was probably stolen property. The descendants are now requesting the restitution of the artwork along with financial restitution.

Since the end of the war, this Nazi-looted painting has been often and discreetly exchanged, purchased and sold in and through the city of New York, claims the court document.

Family's Flight

The Sterns fled from Munich to California in 1936 with their offspring due to the oppressive Nazi regime. Nevertheless, they were prevented from taking the Van Gogh piece, which was produced by the celebrated artist in 1889.

Before the family's emigration, the regime declared the painting as property of the state and forbade the couple from exporting it. Following authorization from a regime representative, a representative assigned by the regime sold the painting on the family's behalf. However, the funds from the auction were deposited in a frozen account, which the regime later seized.

Later Transactions

By 1948, or shortly after, the painting entered NYC and was bought by a prominent figure, a member of the Astor family. Later, it was sold through a art dealer to the Met, which then passed it on to prominent shipowner Goulandris and his spouse, Elise, in 1972.

The Greek couple established the BEG in the late 1970s, which operates a gallery in Athens where the artwork is currently exhibited.

Claims and Defenses

The institution and a family member of Basil Goulandris are named as defendants. The legal action claims that the defendants and its affiliates have hidden and obscured the masterpiece's history and location from the family.

Even now, the Goulandris Defendants continue to hide the manner and time the institution came into ownership of the artwork; the couple's ownership of the Painting from 1935 to 1938; and the reality that the Nazis stole the canvas from the Stern family, forced the Sterns into selling it via a trustee, and confiscated the proceeds of the transaction.

Earlier Lawsuits

The Stern heirs filed a related lawsuit in the state of California in 2022, but it was dismissed in the following years. An further action was also dismissed in recently.

The Met's Position

The lawsuit contends that the museum's acquisition of the artwork was authorized by Theodore Rousseau Jr, the Met's authority of European paintings and one of the world's foremost experts on Nazi art looting. The institution and its expert knew or should have known that the Painting had almost certainly been looted by the regime.

The museum issued a statement that it prioritizes its historical dedication to handle Nazi-era claims.

A representative stated: At no time during the institution's custody of the piece was there any evidence that it had previously been owned to the Stern family – indeed, that data did not become available until many years after the painting left the Met's possession.

The institution's deaccessioning of Olive Picking met the museum's strict criteria for disposal – in particular, it was recorded that the artwork was deemed to be of lower caliber than other works of the comparable nature in the holdings. While the museum upholds its stance that this piece entered the collection and was removed legally and well within all standards and procedures, the institution invites and will examine any further evidence that is discovered.

Foundation's Defense

A lawyer representing the foundation stated: The institution is a renowned institution in Athens. The attempt to litigate and defame the Foundation and the defendants in the United States upon inaccurate and partial claims was already thrown out, twice. We are convinced it will be a third time.