Interview Directory 

ART

Name: Dr. Agnes Thum

Occupation: Head of Provenance Research at Ketterer Kunst

Education: Studied art history, ethnology and modern German literature in Munich

"Overall, most private owners today understand this situation. And no private owner is forced to pay this form of compensation."

How does the provenance research department at Ketterer work? How long has it actually existed?

Ketterer Kunst has had a permanent, open-ended position for provenance research since 2014. The department has grown in recent years and now comprises four permanent positions exclusively for provenance research, one part-time employee working as a provenance researcher and six freelance employees. Every work of art created before 1945 is subjected to an "initial check" at Ketterer Kunst before it is included in the auction catalogue. The information provided by the consignor, exhibitions and literature, the back of the work and the databases relevant to provenance research are checked.

If this "initial check" reveals a suspicion of loss due to Nazi persecution, the work is subjected to in-depth research in consultation with the owner. If the work is exonerated, it can be sold without further action. If, on the other hand, it turns out to be Nazi-looted art, we offer the owner an active solution to the problem. This means that, if the owner so wishes, we will identify the authorised heirs and negotiate with them about a share of the auction proceeds. This service is free of charge for the private owner.

You state that the "Washington Principles" only regulate the handling of state-looted art, but not the private sector's handling of Nazi-looted art. How do you deal with this situation? 

The current practice in the art trade of mediating fair and equitable solutions between private owners and the heirs of the damaged former owners is purely voluntary. There is no legal obligation to do so. However, the art trade is obliged by the Cultural Property Protection Act to conduct provenance research.

From a moral point of view, most private owners today consider it right to come to an agreement with the heirs of the Jewish victims. Moreover, this is in fact the only way to sell such a work in the art trade. However, the German state would have a moral obligation to compensate these art owners, who acquired ownership of a work of art in good faith and through no fault of their own, for their great private commitment. The German state should recognise this moral responsibility 25 years after the Washington Principles.

Do you know what the status of the Restitution Act is?

There are probably talks, but no concrete results yet.

What level of understanding do those affected actually have, after all it is a considerable financial loss.

Overall, most private owners today understand this situation. And no private owner is forced to pay this form of compensation. Legally, there is no need for this. However, private owners are aware that without such an agreement, the artwork in question is effectively unsaleable on the market. And we observe higher average appreciation rates for works that are sold with such an agreement.

"The "just and fair solution" was therefore worthwhile for everyone."

Can you also report on specific cases (without naming names, of course)?

In 2023, we were able to clarify nine cases of Nazi-looted art. The research on a work by Franz von Stuck, "Künstlerfest", which was auctioned at Ketterer Kunst in the summer auction, was particularly exciting. A faded number on the back of the work, barely recognisable to the naked eye, was the only way to trace the Jewish collector. The Frankfurt industrialist Paul Metz had been forced to sell the work at a knockdown price shortly before he himself was deported and murdered.

We identified the heirs of the injured party and were able to mediate a "just and fair solution" between them and the private owner. In the auction, the work rose from an estimated price of 30,000 euros to proceeds of almost 140,000 euros. The "just and fair solution" was therefore worthwhile for everyone: for the heirs of Paul Metz, for the private owner and for us as a company.

The work was purchased by a museum and is now in the Villa Stuck in Munich, so that Paul Metz has also found a public place of remembrance here.

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