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Nazi-Looted Degas Painting Sparks Legal Battle
21 Oct
Summary
- A Degas painting looted by Nazis in 1935 is central to an ongoing legal dispute.
- Purported heirs challenge the sale of the artwork, claiming their inheritance rights were ignored.
- A New York court recently allowed the lawsuit against Christie's to proceed after a long pause.
A significant legal battle is unfolding over a pastel painting by Edgar Degas, titled Danseuses, which was looted by the Nazis in 1935. The artwork was part of the collection belonging to Margret and Ludwig Kainer, a Jewish couple who fled Germany as the Nazi regime rose to power.
Following the looting in 1935, the Degas painting entered the international art market, with its provenance documented through dealers in London and Japan. Ownership became contentious decades later, involving purported heirs of the Kainer family and a Swiss foundation claiming rights to the assets.
Margret Kainer died in France in 1968 without children or a will, creating ambiguity regarding her estate's rightful beneficiaries. A Swiss foundation, Norbert Stiftung, asserted claims based on a 1972 German certificate. Subsequently, individuals claiming to be Margret's heirs presented French certificates from 2012, asserting their status as lawful successors.
In 2009, the painting was sold privately for $6 million, and later that year, it fetched $10.7 million at a Christie's auction in New York. The purported heirs contend these transactions disregarded their inheritance rights and challenged the foundation's authority to relinquish its claim.
Legal proceedings began in 2013 against UBS, Norbert Stiftung, and Christie's. While claims against UBS and the foundation were dismissed on jurisdictional grounds and later upheld on appeal, the case against Christie's was paused pending European inheritance proceedings.
On June 4, 2026, a New York appellate court lifted the nearly decade-long stay on the lawsuit against Christie's. The court cited concerns about further delays hindering the reconstruction of events and the public interest in resolving claims involving Nazi-looted art without undue delay.
The case against Christie's can now proceed in a New York trial court, focusing on the heirs' entitlement to the estate, the foundation's authority, and Christie's potential legal responsibility for the transactions. The Degas painting is currently in a private collection, its current owner and location undisclosed.
