English Translation

33 After the "connection", Adolf Hitler was offered the painting at the beginning of August 1939, but he did not buy it because of the price of RM 1.7 million demanded by Jaromir Czernin. As a result, Philipp Reemtsma became RM 1.8 million for the price (net). Jaromir Czernin referred to a "authorization" granted by Hermann Göring in order to obtain the required legal authorisation for the monument. The sale was not effected by an intervention of Adolf Hitler initiated by the Vienna memorial sites, whereby at this time Adolf Hitler's intention to acquire was not apparent. Subsequently, with the help of lawyers Jaromir Czernins, a state purchase was carried out at the price to be obtained by Philipp Reemtsma, which finally came about on 4 October 1940 at a purchase price which essentially corresponds to the proceeds from the failed sale to Philipp Remtsmas. From the events described above, it can be concluded that Adolf Hitler did not actively pursue the acquisition of the present painting, but rather the sale was actively operated by Jaromir Czernin's lawyers. It follows from this that Jaromir Czernin wanted to sell the present painting, which was essentially awarded the price negotiated with Philipp Reemtsma and was not under pressure at the end of the sale. Furthermore, it is clear that the representations of Jaromi Czernine that he would be underestimating political persecution are not legible. In particular, his application for inclusion in the NSDAP of 9 April 1940, in which he also referred to existing memberships in other organizations around the N SDAP, does not speak for an attitude distanced from the NS regime. The advisory board does not overlook the fact that Alix Czernin was exposed to anti-Semitic hostility, but a causality with the sale of the image by her husband cannot be recognized. There is therefore no reason to believe that the sale to Adolf Hitler of the "art of painting" by Jaromir Czernine was a legal transaction void in accordance with § 1 of the nullity law. 1 Z. 2 (or 2a) Art Restitution Act is therefore not fulfilled. Therefore, the Federal Minister for Education, Art and Culture was recommended not to transfer the actual painting. Vienna, 18 March 2011 Univ.Prof. Dr. Drs.h.c. Clemens Jabloner (Chairman)