Besides the modifications formulated in separate recommendations below, the same points of departure should be used for the restitution of artworks which ended up in German hands from the art trade as those recommended by the committee - the main points of which were adopted by the government - with regard to private art property. This means that:

-       Cases in which the Council for the restoration of rights or another competent court has issued a judgement or in which a formal settlement has been reached between the claimant and the bodies above the Netherlands Art Property Foundation (abbreviated as ‘SNK’) are in principle considered concluded cases

(Recommendations Ekkart Committee April 2001, No. 1)

-       Repayment of sales proceeds must only be brought to bear if and in as far as the seller at the time or his heirs could actually dispose of the proceeds freely (ditto No. 4)

-       In the event of doubt as to whether those involved actually benefited from the proceeds, the claimants must be given the benefit of the doubt (ditto No. 5)

-       If full or partial repayment of the sales proceeds are necessary for a restitution, the sum must be indexed according to the general price index figure (ditto No. 6)

-       The charging of management costs as determined by the SNK at the time must be abstained from in the event of restitution (ditto No. 7)

-       Restitution can be effected if the property right is highly probable and there are no clues which contradict this (ditto No. 8)

 

It was also emphasised in the recommendations on private art property that the points of departure which apply to Jewish owners who lived in the Netherlands - which apply from the occupation of the Netherlands in May 1940 onwards - should also apply to Jewish owners in Germany as of 1933 and in Austria as of 1938 (Recommendation No. 3). This standpoint, which was adopted by the government, must be applied in the same manner to the recommendations concerning the art trade.

Recommendation 1:

The committee recommends using the same points of departure for the art trade as those laid down in recommendations No. 1, 4, 5, 6, 7 and 8 of April 2001 with regard to private art property.

Recommendation 2:

The committee recommends there where the recommendations refer to loss of property or transactions by Jewish dealers in the Netherlands during the period from the occupation of the Netherlands in 1940 onwards, to have the same recommendations apply to loss of property or transactions by Jewish dealers in Germany as of 1933 and in Austria as of 1938.