Expert Opinion - Nazi Looted Art

Chapter 6
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Post-War Reparations Law and Its Application in the Hess Case.
I.
Summary of Following Findings of Facts
- Hans Hess did not obtain back a single work of art from the former Hess
collection under the restitution regulations issued by the Western Allies
between 1947 and 1949.
- Hans Hess filed timely claims under the Federal Restitution Act of 1957 for
the restitution of the artworks lost from the Hess collection. However, the
application only cited the artists' names; no individual works were identified
by name. Owing to the circumstance that neither the investigating restitution
authority nor Hans Hess were able to provide concrete information about the
actual whereabouts of individual pieces, the attorney who represented Hans
Hess withdrew the restitution application in July 1961.
- Hans Hess filed timely claims for property damage and for damage to
professional advancement under the Federal Compensation Act of 1956.
The Hess art collection is mentioned collectively. The names of the artists
are specified, but the titles of the individual artworks are not mentioned.
- In 1961 Hans Hess received a lump sum payout of DM 75,000, the maximum
award permitted, which did not specify individual losses of assets. The
compensation settlement refers to all financial losses suffered by Hans Hess,
without a concrete break-down as to what losses the lump sum was meant to
cover.
- Because of the termination of his employment at Ullstein Verlag in June of
1933 for racially motivated reasons, compensation was ordered in favor of
Hans Hess for the loss he suffered in connection with his professional
advancement.
II.
Primary Reparations Law
- Allied Restitution Regulations.
In the Western occupation zones, including West Berlin, the United States (1947),
France (1947) and Great Britain (1949) each had enacted its own restitution
provisions. Assets that were "unlawfully confiscated" from individuals or legal
entities during the Nazi regime (01/30/1933 to 05/08/1945) for reasons of race,
religion, nationality, political views or political opposition against National Socialism
were subject to restitution on the basis of a state action. "Unlawful confiscation"
was defined as expropriation, dispossession, destruction of assets by state actions,