Category Archives: Europe

In matters of export and art, the state always seems to have its way

Posted on: April 7, 2020 by Alexander Herman

When it comes to the export of works of art, the state always wins… or at least it can seem that way. The latest case to offer proof comes from the Court of Appeal of England and Wales in the matter of R (Simonis) v Arts Council England. Of course, matters of exporting cultural goods […]

An update on the Crimean Treasures in Amsterdam

Posted on: March 24, 2020 by Emilie Huisman-van Essen

Still pending in The Netherlands is the interesting case of the Crimean Treasures. After the Court of First Instance had ordered the repatriation of the museum objects to the Ukraine based on the 1970 UNESCO Convention, the Amsterdam Court of Appeal reversed that decision in an interim judgment of 16 July 2019. A recap of […]

UK Guidance on Anti-Money Laundering released for the art market

Posted on: March 10, 2020 by Julia Rodrigues Casella Hommes

The highly anticipated guidance on implementing and complying with the new anti-money laundering rules for the art trade was finally released a few weeks ago. The lengthy document, which totals over 100 pages, was in fact prepared by the British Art Market Federation (BAMF), and has received formal approval by the HMRC. As such, it […]

Interesting times for copyright law in the UK

Posted on: February 11, 2020 by Emily Gould

At 11pm on 31st January 2020, the UK left the European Union. That much is clear. Far less certain at this stage, is the effect this will have on a number of areas of law, not least the law of copyright. We have known for some time that certain specific rights which depend on European-wide […]

New issue of Art Antiquity & Law available now

Posted on: January 16, 2020 by Julia Rodrigues Casella Hommes

As we leave behind the festive season, the latest issue of Art Antiquity & Law has just been released in time for you to start the new year with the latest in-depth analyses from the world of art and cultural heritage law. Adam Jomeen writes about street photography and compares the legal treatments afforded to […]

Looking ahead to 2020

Posted on: January 14, 2020 by Alexander Herman

Like we did last year, we are keen to use this opportunity to have a look at what lies ahead. For one, 2020 seems to offer much change for the art world on the regulatory front. This is bookended by two major changes in the UK (and indeed across Europe) that have their source in […]

Combatting Money Laundering in the Art Trade: Changes for Europe and the UK

Posted on: January 10, 2020 by Julia Rodrigues Casella Hommes

Important changes are imminent for the art market as the 5th EU Anti-Money Laundering Directive enters into force in the UK this Friday, the 10th of January 2020. The directive has been hurriedly transposed into UK law through the Money Laundering and Terrorist Financing (Amendment) Regulations 2019, which were laid before Parliament on the 20th […]

Year in review: recap on 2019

Posted on: December 26, 2019 by Alexander Herman

If nothing else, the end of a calendar year offers the chance to step back and review the larger developments in a particular area or field. This is certainly true about the world of art and cultural heritage law where it can often be hard to see the forest for the trees. So many legal […]

Appeal for Restitution of Nazi-Plundered Pissarro Centers on Application of Spanish versus U.S. Law

Posted on: December 24, 2019 by Stephanie Drawdy

A buyer who purchases stolen property does not receive good title – depending on the jurisdiction. The Cassirer family has learned this lesson all too well after nearly two decades attempting to reclaim a Nazi-looted painting by Impressionist Master Camille Pissarro. Earlier this year, a U.S. federal court in California awarded the Pissarro to a […]

One year after the Sarr-Savoy report, France has lost its momentum in the restitution debate

Posted on: November 15, 2019 by Alexander Herman

The following commentary first appeared in The Art Newspaper print edition (November 2019) and on The Art Newspaper website on 12 November 2019. A year ago this month, authors Felwine Sarr and Bénédicte Savoy submitted their controversial report to French President Emanuel Macron. The report recommended the return of a vast number of Sub-Saharan African artefacts currently in […]