Beiratsbeschluss Czernin/Vermeer Page 23 · 23 of 34
Advisory Council Decision Czernin/Vermeer
English Translation
23 In a diary entry dated February 2, 1938, Eugen Czernin stated that he had a discussion with Gassauer about the sale and export authorisation of the painting in question, but that the conflict of jurisdiction between the Austrian and Czechoslovak courts was still ongoing and that an export permit was not granted. 6 Reclaims after 1945 The painting remained in Munich after its sale in 1940 and was evacuated to Altaussee in October 1944.In the salt mine there it was secured by the American army and transported to Munich on 27 June 1945 to the Central Collecting Point (CCP). In the list of the "Austrian Property" of the CCP, the Czernin family was noted as "presumed owner" as well as the indication that the actual painting was acquired by Adolf Hitler for RM 1,650.000,--. On 28 November 1945, the present painting was handed over to the Austrian Federal Government, previously, namely on 15 November 1945. In October 1945, Jaromir Czernin called for the return of the painting by the Vienna law firm Hauenschild. After several statements and reports, the Federal Ministry of Education summarizes the results of the investigations in a detailed statement to the Federal Chancellery of 13 March 1946. From this it follows that the sale of the present painting by Jaromir Czernin to Adolf Hitler without compulsion and – taking into account tax advantages – by RM 20,000,- was cheaper for the seller than the previously intended sale to Philipp Reemtsma. In February 1946, the head of the CCP Munich stated in a memorandum that Jaromir Czernin would have received 1.65 million for the present painting RM and that the purchase would therefore appear to be regular. Since Jaromir Czernin also filed claims for the actual painting with the American military administration, she noted: "There has been a forced sale, oldhough indications are that Count CZERNIN needs money and was perfectly happy to sell the VERMEER. [...] The question of proper ownership of this painting will not rest with the RD&R Div because it is property that was in AUSTRIA prior to March 1938 and is now back within the borders of Austria. There is no evidence that it had been shot by the Germans at any time. The questioning of ownership will be decided in accordance with Austrian law. It is now considered the property of the Austrian State.