Author Archives: Nina M. Neuhaus

Switzerland: legal dispute over Alberto Giacometti collection

Posted on: July 18, 2016 by Nina M. Neuhaus

Following a host of recent articles regarding the seizure of a Giacometti collection, this blog aims to shed some light on the case: On 24 February 2014, the State Prosecutor of the Canton of Graubünden seized as a precautionary measure a collection of Giacometti works from the Bündner Kunstmuseum. The Paris-based Fondation Alberto et Annette […]

Revision of the Swiss Copyright Act: Proposed Introduction of a Lending Right Causes a Stir

Posted on: May 3, 2016 by Nina M. Neuhaus

The Swiss Copyright Act (SCA) is currently under revision. On 11th December 2015, the Swiss Federal Council published the draft legislation and the explanatory notes. The proposed introduction of a lending right for art works in art. 13 para. 1 SCA caused a stir throughout the art market. The applicable law: Up until now, anyone who […]

Switzerland: Fourth attempt to introduce the artist resale right

Posted on: February 3, 2016 by Nina M. Neuhaus

The artist resale right (ARR), also known by the French term droit de suite, is the inalienable right of the artist and his estate to receive a royalty on any resale of his artworks. Unlike other creators, such as musicians, screenwriters, and authors, artists earn money only from the initial sale of their works. However, […]

Switzerland provides financial support to provenance research projects

Posted on: January 25, 2016 by Nina M. Neuhaus

Switzerland was one of the 44 states that approved the Washington Principles on Nazi-confiscated Art in December 1998. By doing so, the Swiss Confederation obliged itself to identify artworks in its collections that were looted during the Second World War, undertake efforts to locate their pre-War owners or legal successors, and take measures to achieve […]

Switzerland: revision of the Anti-Money Laundering Act will impact art dealers

Posted on: August 31, 2015 by Nina M. Neuhaus

On 1 January 2016, the revised Anti-Money Laundering Act (‘AMLA’) will enter into force. The impetus for this revision was the implementation of the Revised Financial Action Task Force Recommendations of 2012. The Financial Action Task Force (‘FATF’) is an inter-governmental organisation which was established by the G-7 Summit in Paris in 1989. Its goal is to […]

Switzerland returns 32 antiquities to Egypt

Posted on: June 10, 2015 by Nina M. Neuhaus

Last week, the Swiss Federal Office of Culture (‘SFOC’) handed over 32 antiquities to the Egyptian Embassy in Switzerland. The objects date from the Pharaonic and Roman period and, according to the SFOC, four of them are of “exceptional rarity, cultural value, and aesthetic quality”. These include the head of a pharaoh and a fragmented […]

Seminar on International Art Transactions

Posted on: May 26, 2015 by Nina M. Neuhaus

On 13 May, the Institute of Art and Law with the generous support of Maurice Turnor Gardner LLP hosted a seminar exploring a variety of legal issues surrounding international art transactions. Here is a brief summary: The first speaker was Professor Norman Palmer (3 Stone Buildings), who discussed the various risks associated with the international transfer of cultural […]

Customs Warehouses in Switzerland: An Introduction

Posted on: May 4, 2015 by Nina M. Neuhaus

A recent art fraud scandal has put Mr Yves Bouvier into the media spotlight. Mr Bouvier, also known as the ‘Freeport King’, oversees freeport operations in Geneva, Luxembourg, and Singapore. He is the largest private shareholder of Ports Francs & Entreports de Geneve SA, the company running the freeport in Geneva. (The majority shareholder is […]

Gurlitt’s Cousin Appeals Judgment of Probate Court

Posted on: April 30, 2015 by Nina M. Neuhaus

Uta Werner, the cousin of late Cornelius Gurlitt, has decided to appeal against the judgment of the Probate Court in Munich (Amtsgericht München). In its judgment, the Probate Court as Court of First Instance has granted the Museum of Fine Arts Bern’s application for a certificate of inheritance and, at the same time, rejected a […]

Probate Court Confirms Validity of Gurlitt’s Will

Posted on: March 27, 2015 by Nina M. Neuhaus

In its decision of 23 March 2015, the Probate Court in Munich (Nachlassgericht München) granted the Museum of Fine Arts Bern’s application for a certificate of inheritance and, at the same time, rejected a similar application of Cornelius Gurlitt’s cousin, Ms Uta Werner. The Probate Court did not accept Ms Werner’s claim that Mr Gurlitt was […]