Restitution of a Painting by the Bavarian State Painting Collections
The expanded restitution law now also includes previously unresolved issues such as dealer goods, foreign sales, and looted art! After 15 years, a decision initially rejected in 2010 has been reversed, and a painting from the circle of Lucas Cranach the Elder was returned to the heirs of Ernst Magnus in early December.
Since July 2025, the newly established Provenance Research Department at the Museum Agency has been responsible for reassessing restitution claims (Deutsch)
Munich. The Bavarian State Painting Collections have reassessed the inheritance case initially rejected in 2010 and have now returned the Renaissance painting "Saint Anne with the Virgin and Child," which can be dated between 1522 and 1525 and originates from the circle of Lucas Cranach the Elder, to the heirs of its former owner, Ernst Magnus (Hanover). The painting was consigned by its former owner to the Fischer Gallery in Lucerne in 1940, and the art dealer Walter Andreas Hofer sold the small-format work to Hermann Göring in 1941. After the end of the Second World War, the work ended up at the Central Collecting Point of the American Allies at Königsplatz and was from there placed in trust by the Bavarian Minister-President. In 1961, the painting "St. Anne with the Virgin and Child" was acquired from Nazi-era collections and entered the Bavarian State Painting Collections.
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Alte Pinakothek, rear view, Munich, photo: Helga Waess (Pressefotoarchiv) |
New Assessment Framework for Arbitration in Cases of Nazi-Looted Art in Bavaria
The restitution claim filed by the heirs in 2009, after its rejection in 2010, has now been reviewed based on the new assessment framework for arbitration in cases of Nazi-looted art. This framework governs the examination and decision-making process for dealing with cultural property confiscated as a result of Nazi persecution, and restitution has now been granted.
On December 12, Bavarian Minister of Arts Markus Blume commented on the recent decision:
“I am pleased that the clearly defined and expanded criteria catalog of the new assessment framework of the Arbitration Tribunal for Nazi-Looted Art creates the legal prerequisites for the return of the painting ‘Saint Anne with the Virgin and Child’ to the heirs of Ernst Magnus. With the commencement of arbitration proceedings, a new era in the restitution of Nazi-looted art has begun – and its impact extends far beyond the legal process. The assessment framework concretizes the Washington Principles and establishes reliable guidelines. This is an important step forward for contemporary restitution practice. For the first time, previously unresolved issues such as dealer goods, sales abroad, and art seized from abroad are also addressed. It is important to note that there are exceptions to every rule – only in this way can each individual case be assessed. For museums in Bavaria and throughout Germany, this creates the opportunity to re-examine complex issues and to place decisions on a broader, more sustainable foundation.”
Anton Biebl, the director of the Bavarian State Painting Collections, commented as follows:
“The decision to return the work to the heirs of Ernst Magnus is a visible sign of the ongoing development of our restitution practices. We are committed to the victims of Nazi injustice and their descendants to making their stories visible and finding just solutions.”
Hannah Cavendish-Palmer, the great-granddaughter of Ernst Magnus, expressed her gratitude with the following words:
‘Thank you to the people of Germany for being willing to listen, remember, and recognize the tragic persecution of my family members and so many others, whose lives were destroyed by the Nazis. Thank you to the Bavarian State Museums for hearing that call and returning the painting. I implore German institutions to continue returning stolen works.’
Ernst Magnus (1871–1942) and his wife Ida originally came from Hesse and lived in Hanover for many years.
Magnus was a director of the Commerz- und Disconto-Bank Hannover, a member of the stock exchange's board of directors, and from 1914 to 1933, a member of the supervisory board of Continental Gummi-Werke AG. Together with his wife, he built up an art collection, advised by an assistant of the art historian, museum expert, and co-founder of modern museum studies, Wilhelm von Bode.
With the rise of the Nazi regime, the family was increasingly disenfranchised. Their accounts were frozen, properties were sold below market value, and they were forced to pay the Jewish property tax and the Reich flight tax. In 1935, due to persecution, Ernst Magnus emigrated to Lausanne, where he was able to take parts of his collection and valuable furnishings with him.
However, to finance the costs of their escape and a visa for Cuba, Magnus was forced to sell further artworks, including "Saint Anne with the Virgin and Child." As asylum regulations in Switzerland became increasingly restrictive, the family managed to leave for Havana via Seville in 1941, where Ernst Magnus died just a few months later, on February 12, 1942. His wife and daughter were able to flee to the USA.
Provenance research in this case demonstrates that the valuation of so-called "refugee property" establishes new facts.
Sales in Switzerland during the Nazi era are often difficult to classify, as they took place under formally free market conditions, but were also frequently dictated by the existential constraints of persecution.
The new valuation framework adopted in 2024 allows for a more nuanced approach:
It gives greater consideration to the economic hardships faced by emigrants due to persecution by acknowledging that forced sales can also occur outside the territory of the Reich.
For the Bavarian State Painting Collections and the researchers of the newly established Provenance Research Unit at the Museum Agency, this means
...re-evaluating cases like that of Ernst Magnus after more than a decade and critically re-examining decisions even after many years.
At the same time, it is an obligation to further expand provenance research, allocate resources, and communicate the results transparently.
The restitution of the painting "Saint Anne with the Virgin and Child" is thus also a sign that the Bavarian State Painting Collections are taking responsibility and are consistently developing their approach to cultural assets confiscated as a result of Nazi persecution.
Source: The present text and information refer to the press release of the
Bavarian State Painting Collections dated December 12, 2025
