Press release

Vom 26.11.2009

Stern Estate
Response to Press Release by Concordia University of November 20, 2009

Withdrawn
Alexander Adriaenssen (1587 - 1661)
Still life with fishes
OIl on wood, 41 x 56 cm
Estimate: EUR 4.000 - 5.000,-

Kunsthaus Lempertz, Cologne, prior to its auction 947 on November 21, 2009, withdrew Lot 1060, Still Life with Fish, by Alexander Adriaenssen (estimate 4,000 – 5,000 Euro).

As a result of cooperation with the Art Loss Register (ARL) it became known that the offered Lot 1060 might be identical with Lot 183 from auction 392 in 1937.

Lempertz addressed the Stern Estate by letter dated November 15, 2009, represented by primary heirs McGill, Concordia and Hebrew University, in order to clarify this situation. First of all, it needs to be clarified if the doubt can be confirmed that the withdrawn painting is positively part of the stock of Gallery Stern, Düsseldorf. Some arguments are in favor, others against such identity.

Unfortunately, the Stern Estate has not contributed to the clarification of this matter to date. Only upon clarification can the present consignor and owner of the painting decide if and how to deal with the Stern Estate regarding restitution. Fundamentally, the private consignor is not an addressee of the Washington declaration. Furthermore, in Germany there are doubts regarding restitution proceedings: in 1937 Dr. Stern personally prepared his auction, received the proceeds in full, in 1964 received compensation by the Düsseldorf court, and he himself never raised claims for the paintings of this auction. More than fifteen years after his death, restitution proceedings were instituted by the three universities as heirs.

It has to be emphasized that a decision for return and related modalities cannot be made by Kunsthaus Lempertz, since Lempertz is not the owner of the painting, and can only assume a mediating role between the contestants and the consignor.

The present attitude of the Stern Estate does not encourage any premise for sensible discussion.

Instead of continuing the dialogue opened by Lempertz, it preferred to counter with outside pressure. Upon mediation of the U.S. American customs authorities, the Bavarian LKA made contact. Furthermore, a press release was made that contained allegations and untruths in its headline. At no time has Lempertz refused to withdraw the painting, and he allegation that Lempertz repeatedly refused to withdraw a painting from the Stern Estate is false. There has not been any occasion where Lempertz has refused to withdraw a painting from the Stern collection – even when there was only the slightest suspicion. Furthermore the Art Loss Register does not consider it proven that the withdrawn Adriaenssen work and the painting from the Stern collection are identical, and has endorsed the auction of this painting.

Finally, the legal argumentation by the Stern Estate again raises astonishment, since with regard to the U.S. American legal system the German civil right has been ignored. It is not in the power of the commissionaire Lempertz to dispose of the property of the consignor.

We ask the Stern Estate to keep this in mind and not to establish further obstacles to delay a satisfactory solution. Should the Stern Estate insist on a return without compensation, it would be very difficult to reach an agreement. Such a position would be contrary to the Washington declaration that requests “a just and fair solution”.

Presse- und Öffentlichkeitsarbeit