English Translation

26 Restitution Commissions) in the assessment of the factuality according to the Art Restitutive Act must be considered differentiated (recommendation of the Advisory Council of 7 December 2007, Franz and Helene Erlach, and recommendation of the advisory board of 20 November 2009, Hermann Eissler). Third Restitution Act, while the art restitution law now being applied directly refers to the nullity law, is in any case not to be overlooked that the judicial decisions were clearly based on the assumption that Jaromir Czernin had completed the sale to Adolf Hitler from free will-building and without coercion or persecution. However, the advisory board is not limited to the – formal – reference to the above-mentioned final decisions, but deals with the content of the case below. II. According to the present documents, it is clear that the actual painting by Jaromir Czernin from the assets of the Czernine Fideikommissis (which was extinguished by the German Reichsgesetz on the extinction of the family fideikommis) expired on 1 January 1939 by the acceptance of the purchase request submitted by Hans Posse for Adolf Hitler on 4 October 1940 at the price of RM 1.65 million. Furthermore, it is clear that on 28 November 1945 the actual painting was handed over to the Austrian state government by the U.S. armed forces and, by order of the People's Court of 31 March 1952, it fell to the federal government as property of Adolf Hitler. The Advisory Board has to decide on its recommendation according to the Art Restitution Act ;BGBl I 181/1998 idF BGBl. I 117/2009. § 1 para. 1 Art Repulsion Act reads as follows: § 1. (1) The Federal Minister / The Federal Ministry of Finance is authorized to transfer those art objects and other movable cultural objects from the Austrian federal museums and collections, including the collections of the Federal Furniture Administration, and from other direct federal property free of charge to the original owners or to their successors in title on account of death, which 1. The provisions to the original owners or their successors were subject to death or to restitution under the provisions of that time and according to the 8th century. In May 1945, in close connection with a subsequent procedure in accordance with the provisions of the Federal Law on the Prohibition of Exports of Objects of Historical, Artistic or Cultural Interest