The ‘Bernini Judgment’, issued by Barcelona’s First Instance Court No. 42 on 20 May 2024, sets a significant precedent in the protection of Spain’s national heritage. It enables the recovery of a key piece from the Royal Collections through an action for recovery of ownership, supported by comprehensive technical reports. In this case, Patrimonio Nacional, owner of the Royal Collections as heir to the Crown Estate, succeeded in reclaiming an allegorical sculpture that, at some unspecified time, had ceased to be part of the original Fountain of the Four Rivers ensemble by Gian Lorenzo Bernini, currently exhibited at the Royal Collections Gallery at Madrid’s Royal Palace. This work had been separated from the main piece without any clear record of when or how. The ruling underscores the vital role of historical inventories and technical studies in demonstrating the continued ownership of this artwork within the Royal Collections. It further affirms that the sculpture is an integral part of the main work, as per Article 6.2 of Law 23/1982 governing Patrimonio Nacional, which stipulates that such assets are inalienable, non-transferable and imprescriptible.

In November 2021, Patrimonio Nacional was notified of the auction of a gilded bronze figure in Barcelona. The sculpture, listed as Vulcano in the auction catalogue, was described as an independent work from the Florentine school modelled after Pietro Simoni da Barga, and estimated at a value between €2,000 and €2,400. However, upon initial review, heritage experts realised that the figure might represent the River Ganges, one of the four allegorical sculptures originally part of Bernini’s model for the Fountain of the Four Rivers, a hallmark piece within the Royal Collections.

Faced with the likelihood that the sculpture was historically linked to Patrimonio Nacional, the Ministry of Culture, acting in the days prior to the auction, declared the piece temporarily non-exportable under the Spanish Historical Heritage Law. This measure led to the suspension of the auction, and the sculpture was transferred to Madrid’s Royal Palace for further examination.

Bernini Sculpture

The importance of historical inventories

A key factor that allowed Patrimonio Nacional to reclaim the sculpture was the existence of detailed historical inventories from the Royal Collections. The inventories indicate that it entered the Royal Collections in the late 17th century as a diplomatic gift to King Philip IV. The first reference to Bernini’s model appears in the 1686 inventory of the Madrid Alcázar, describing it as part of the royal office’s décor. The model, a gilded bronze version of the famous fountain in Piazza Navona (Rome), included four allegorical figures of the most important rivers of the time: Danube, Nile, River Plate and Ganges.

Over the centuries, the sculptural group appeared in multiple inventories, including those of 1700, 1773 and 1875. However, at some in the late 19th century, it was noted that several of the allegorical figures, including the representation of the Ganges, had disappeared. There is no clear record explaining how these pieces became separated from the model. Rather than an act of looting, the separation is considered to have been a gradual loss, likely occurring during the relocation or reorganisation of the collections.

This documentation gap was crucial in understanding how the Ganges figure had left Madrid’s Royal Palace without a trace, and in supporting the legal claim for its reintegration into the original ensemble.

Technical analysis of the sculpture

Once the Ganges figure was relocated to Madrid’s Royal Palace, it underwent thorough technical analysis by Patrimonio Nacional’s experts. Non-invasive techniques such as X-rays and X-ray fluorescence spectrometry were employed to compare the metal composition of the figure with that of the Bernini model in the Royal Collections. The results confirmed that the figure and the model shared the same copper alloy, containing small amounts of tin, and had been cast and gilded using the same methods, demonstrating that both pieces were made during the same period and through identical processes.

Moreover, the figure was found to fit perfectly into the corresponding slot of the model, conclusively proving that it was originally part of the ensemble. This discovery was critical in substantiating Patrimonio Nacional’s claim, as it provided clear and objective evidence that the sculpture was not an independent work, but an integral component of Bernini’s original creation.

The action for recovery of ownership and judgment

Armed with this evidence, Patrimonio Nacional, represented by the State Attorney’s Office, filed an action for recovery of ownership at the Barcelona’s First Instance Court No. 42. The claim sought to recover the Ganges figure, arguing that, under Law 23/1982 governing Patrimonio Nacional, this work was inalienable, non-transferable, and imprescriptible. In other words, as part of Spain’s national heritage, the sculpture could not have been lawfully sold or transferred to a third party, and its separation from the main ensemble did not diminish its legal status or the protections afforded to it.

The Court ruled in favour of Patrimonio Nacional, recognising that the Ganges figure was indeed an indivisible part of Bernini’s model and, therefore, the property of the Spanish state. The judge ordered the restitution of the sculpture to Patrimonio Nacional, emphasising that its physical separation from the original ensemble did not alter its legal status as public property. This case also highlights the essential role of historical inventories, which allowed the sculpture’s history to be traced and confirmed as state property, and technical analyses, which provided the material evidence to support the legal claim.

The Court’s ruling fully upheld Patrimonio Nacional’s claim, and given that the amount in dispute was below €3,000, the judgment could not be appealed under Article 455.1 of Spanish Civil Procedure Law, rendering it final and binding.

In conclusion, the ‘Bernini Judgment’ affirms that the legal indivisibility of heritage works extends beyond their physical location, reinforcing mechanisms for reclaiming national heritage items that have been separated without proper legal justification. The ruling sets an important precedent for future claims of lost or separated cultural assets, reaffirming that such items, as part of Spain’s heritage, remain inalienable, non-transferable, and imprescriptible. This case strengthens the state’s position in safeguarding its historical and cultural heritage, ensuring that such assets are protected for future generations.

Image Credits:

Bernini Sculpture, Ministry of the Interior.