Portrait of Don Luis de Requessens y Zuñiga

Advice concerning the application for restitution of NK 3409

Portrait of Don Luis de Requessens y Zuñiga

Report number: RC 1.7

Advice type: NK collection

Advice date: 28 October 2002

Period of loss of ownership: 1940-1945

Original owner: Private individual

Location of loss of ownership: The Netherlands

NK 3409 – Don Luis de Requessens y Zuñiga, anonymous (photo: RCE)

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Recommendation

By letter of 22 July 2002 the State Secretary for Education, Culture and Science asked the Committee for advice about the decision to be taken concerning the application filed on 21 June 2002 by Mr K.O.N. on behalf of the heirs of Mr J.H. Gosschalk for restitution of “Don Luis de Requessens y Zuñiga”, a painting by an anonymous artist (NK 3409).

The facts

In connection with the application for restitution, the Cultural Heritage Ownership Inspectorate (Inspectie Cultuurbezit) carried out an investigation into the facts. The findings of the investigation were included in a historical report drawn up by the Origins Unknown agency (Bureau Herkomst Gezocht), dated 12 September 2002, which was sent to the applicant. According to the Committee, no further investigations are required.

General considerations

The Committee has drawn up its opinion with due regard for the relevant lines of policy issued by the Ekkart Committee and the government.

The Committee asked itself whether it is acceptable that an opinion to be issued is influenced by its potential consequences for decisions in other cases. The Committee resolved that such influence cannot be accepted, save cases where special circumstances apply, since allowing such influence would be impossible to justify to the applicant concerned.

The Committee then asked itself how to deal with the circumstance that certain facts can no longer be traced, that certain data has been lost or has not been retrieved, or that evidence can no longer be otherwise compiled. On this issue the Committee believes that, if the problems that have arisen can be attributed at least in part to the lapse of time, the associated risk should be borne by the government, save cases where exceptional circumstances apply.

Finally, the Committee believes that insights and circumstances which, according to generally accepted views, have evidently changed since the Second World War should be granted the status of new facts.

Special considerations

The research report mentioned above indicates that “Don Luis de Requessens y Zuñiga” (NK 3409) was owned by Mr J.H. Gosschalk.
Mr J.H. Gosschalk involuntarily lost possession of the painting due to persecution by the Nazi regime.
Given that no previous application for the restitution of “Don Luis de Requessens y Zuñiga” (NK 3409) has been processed, this application for restitution is allowable.
Given that no evidence has been found to suggest that the sales proceeds were transferred to the owner at any point in time, restitution of the proceeds cannot be claimed.

Conclusion

In view of the above, the Committee advises the State Secretary for Education, Culture and Science to return the painting “Don Luis de Requessens y Zuñiga” (NK 3409) to the heirs of Mr J.H. Gosschalk.

Adopted at the meeting of 28 October 2002.

J.M. Polak (Chairman)
B.J. Asscher (Vice Chairman)
J.Th.M. Bank
J.C.M. Leijten
E.J. van Straaten
H.M. Verrijn Stuart

Summary RC 1.7

“Portrait of Don Luis de Requessens y Zuñiga” by an anonymous artist (NK 3409)

By means of his letter dated 22 July 2002, the State secretary for OCenW asked the Restitutions Committee for advice on the application for the restitution of the painting “Portrait of Don Luis de Requessens y Zuñiga” by an anonymous artist (NK 3409). This application was submitted on behalf of the heirs of the original owner, the Jewish artist J.H. Gosschalk, on 21 June 2002.

On the instructions of the Restitutions Committee, BHG carried out an (art-)historical investigation. Further investigation was felt by the committee to be unnecessary.

Summary of documentary report

“Portrait of Don Luis de Requessens y Zuñiga”, a painting from the second half of the 16th century of a Spanish noble by an anonymous artist, was owned by the Jewish artist J.H. Gosschalk when war broke out. As with so many Jewish Dutch persons, during the course of the war he was forced to surrender his valuables to Lippmann, Rosenthal & Co., the German body specialising in looting. The painting was one of the objects that he had to surrender. The Liro-bank’s records show that it was then resold and thus found its way to Germany. Mr. Gosschalk probably never knew that the painting had returned from Germany after the war.

Advice

In the meeting on 28 October 2002, the Restitutions Committee decided on its advice. It advised restitution of the painting to the heirs of Mr. Gosschalk. The committee considered it proven that the painting was the former property of J.H. Gosschalk and that Mr. J.H. Gosschalk had lost possession of the painting involuntarily, as the result of persecution by the Nazi regime. Given that no previous application for the restitution of the painting had been submitted, the committee deemed that this application was allowable, in accordance with the restitution policy implemented by the Minister for OCenW.

The State secretary reported to the committee by letter dated 6 December 2002 that he had adopted this advice and would allow the application.

Recommendation: Portrait of Don Luis de Requessens y Zuñiga

related advice: Gosschalk II