Category: “Guernica”

Note: In this post, I discuss my own attempt to obtain compensation and damages from the French government on behalf of my family for works of art seized by the Nazis in December 1940 from my father’s first cousin, Fedor Löwenstein, a noted painter. I also touch on the multiple occasions France has wronged my family during WWII, following WWII, and continuing to the present.

Related Posts:

POST 15: BERLIN & MY GREAT-AUNTS FRANZISKA & ELSBETH BRUCK

POST 16: TRACKING MY GREAT-AUNT HEDWIG LÖWENSTEIN, NÉE BRUCK, & HER FAMILY THROUGH FIVE COUNTRIES

POST 71: A DAY IN THE LIFE OF MY FATHER, DR. OTTO BRUCK–22ND OF AUGUST 1930

This story begins in 2014. This is the year my wife and I took a 13-week trip to Europe traveling from northeastern Poland to southeastern Spain following the path of my Jewish family’s diaspora. It included a stop at the Stadtmuseum in Spandau, on the outskirts of Berlin, where the personal papers of two of my accomplished and unmarried great-aunts, Franziska Bruck (Figure 1) and Elsbeth Bruck (Figure 2), are archived. The family items at the Statdtmuseum include academic papers, diaries, numerous professional and personal letters, family photographs, awards, and miscellaneous belongings. (Figures 3a-b) During my visit, I photographed all the articles and artifacts for later study.

The letters and photographs turned out to be most informative. The letters were written in four forms, Old German Script (known as die Kurrentschrift or Kurrent for short in German); an updated version of Kurrent called Sütterlin developed in the early 20^th Century; normal German script (deutsche Normalschrift); and typed normal German. Suffice it to say, that the three forms of German script are completely indecipherable to me, so I depended on German-speaking friends and relatives to translate these letters. However, in the case of letters typed in German, using a good on-line translator, called DeepL, I was able to make sense of the content of some of these missives.

One letter I translated provides the basis of much of this Blog post. (Figures 4a-c) It contains astonishing information that led to the seven-year odyssey I embarked upon to obtain redress from the French government for an injustice perpetrated upon my father’s first cousin, Fedor Löwenstein, by the Nazis. The letter was written by Fedor’s younger sister, Jeanne “Hansi” Goff née Löwenstein, to her aunt, my great-aunt, Elsbeth Bruck. It is dated the 30^th of October 1946, and was sent from Nice, France to Berlin, Germany. What makes the letter so astounding is not that it mentions both my paternal grandmother ELSE Bruck and my father OTTO Bruck, since both had connections to Nice and France in 1946, but rather to Hansi’s declaration that one of her brother Fedya’s (named Fedor but also called “Fidel”) paintings had sold posthumously in 1946 for 90,000 French Francs. Using a Historic Currency Converter, I determined this would be worth more than $16,000 as of 2015, obviously even more today. Given the enormous amount that one of Fedor Lowenstein’s paintings had fetched in 1946 convinced me that he was no run-of-the-mill painter and that I needed to learn more about him.

One place my wife and I visited in 2014 attempting to obtain copies of original death certificates for ancestors who had died in Nice was la Mairie de Nice, City Hall. There, I was able to obtain death certificates not only for Fedor Lowenstein (Figure 5) and his mother, Hedwig Löwenstein née Bruck (Figure 6), but also for his sister, Jeanne Goff née Löwenstein. (Figure 7) I was fortunate to even find Fedor Lowenstein’s name in the death register. In German, his surname was spelled “Löwenstein,” with the “ö,” that’s to say with an umlaugh over the “o,” transcribed in English as “oe”; in the French death register, Fedor’s surname was spelled simply as “Lowenstein” (Figure 8), so I nearly missed finding his name among the 1946 deaths. I would later discover that Fedor’s surname was variously spelled “Lowenstein,” “Löwenstein,” and even “Loevenstein.”

Having obtained the death certificates, I was dispatched to a different administrative office in Nice, le Service Administration Funéraire, the Funeral Administration Office, to locate their tombs. While Fedor’s sister I learned had been cremated, the Funeral Administration Office directed me to the Cimetière Caucade, the Caucade Communal Cemetery (Figure 9), on the outskirts of Nice to find Fedor and Hedwig’s tombstones. (Figures 10-11) It was providential that I was assisted at the Funeral Administration Office by a Mme. Jöelle Saramito (Figure 12), who would later render me a great service.

Jeanne Goff née Löwenstein’s translated 1946 letter convinced me her brother was no ordinary painter. Knowing this, I became curious whether I could obtain an obituary from a contemporary newspaper that might lead me to living descendants. Hoping Mme. Saramito might be able to track it down for me, or at least point me in the right direction, I contacted her. What she provided surpassed my expectations.

In what can only be characterized as a fortunate occurrence of serendipity, Mme. Saramito sent me links to several articles about an exposition featuring three of Fedor Löwenstein’s paintings seized by the Nazis that had been displayed at the Musée des Beaux-Arts de Bordeaux. Unbeknownst to my wife and me, this exhibit had taken place there between the 16^th of May and the 24^th of August 2014, overlapping our extended stay in Europe that year; needless to say, had we known about this exposition, we would have detoured there.

Among the links Mme. Saramito sent me was an article naming the art curator for the exhibition held at the Musée des Beaux-Arts, a lady named Florence Saragoza; the article also mentioned the French government was looking for legitimate family members to whom Fedor Loewenstein’s artworks could be returned.

While I had several photographs of Fedor Löwenstein with his family in Nice (Figurse 13-14) found at the Stadtmuseum in Spandau, and a copy of his acte de décès, death certificate, obtained from la Mairie de Nice, there was much I did not know about my father’s first cousin. Hoping to learn more, I tried to contact Mme. Saragoza, and quickly discovered she was affiliated with the Ministère de la Culture et de la Communication as a conservatrice du patrimoine, curator of heritage. My initial email to her at the Ministère de la Culture “bounced.” I eventually learned that she was also the then-Director of the Musée Crozatier in le Puy-en-Velay, France (Figure 15), where my subsequent email reached her. I will always remember her response dated the 16^th of September 2014, “What a surprise to read your e-mail! (To be honest I cried) . . .I’m so glad to read about someone from Lowenstein’s family!” Logically, Mme. Saragoza had assumed that Fedor’s family had been murdered in the Holocaust, emigrated, or would be unlikely to learn about the exhibition in Bordeaux and the resurfaced paintings. More on this later.

Almost immediately after connecting with Mme. Saragoza, she sent me the Journal d’exposition, the exhibition catalog, for the Fédor Löwenstein (1901-1946) trois œuvres martyres exposition. (Figure 16) Most of Fedor Löwenstein’s biography and the history behind the works of art confiscated by the Nazis is drawn from this reference.

Wilhelm Fédor Löwenstein was born in Munich, Germany on the 13^th of April 1901, and is often characterized as a Czech painter because this was his family’s country of origin. He first studied at the School of Decorative Arts in Berlin and then at the Academy of Fine Arts in Dresden. In 1923, Fédor Löwenstein settled in Paris (Figures 17a-b), attracted by the artistic influence of the capital. An artistic movement dominated there, designated in 1925 as the École de Paris, the School of Paris; in reality, this name does not refer to any school that really existed, but rather to the École de Paris, which brought together artists who contributed to making Paris the focus of artistic creation between the two world wars. It was in this rich artistic context that Löwenstein painted and drew.

In Paris he mixed with and became a student of the painter André Lhote from Bordeaux and joined the “Groupe des Surindépendants” in 1936. Löwenstein’s early works were marked by the influence of cubism, whose main representatives worked in Paris, although his subsequent productions evolved towards abstraction, probably under the influence of André Lhote. In 1938, he painted “La Chute” (The Fall), inspired by the signing of the Munich Agreement that dismantled the Czechoslovakia that had been created in 1918. As is noted in the 2014 Bordeaux retrospective exhibition catalog, “The composition and iconographic vocabulary of the work are reminiscent of the convulsed and screaming silhouettes of Picasso’s Guernica, exhibited a year earlier in the Spanish Pavilion at the Paris World’s Fair.” The comparison to Picasso’s famed work speaks volumes about Löwenstein’s remarkable talent. 

When France entered the war in September 1939, Löwenstein, like many artists, had to leave the capital. As a foreigner, he had to hide to escape France’s exclusion laws. He went to Mirmande (Drôme) on the advice of Marcelle Rivier, a friend and another of André Lhote’s students. The two artists probably met in Paris shortly before France entered the war. At that time, Mirmande, a village in ruins, welcomed a few painters who lived there. But most of them came there to work alongside André Lhote during his summer academy. The village became a place of refuge for many Parisian artists of foreign origin, all of whom led a relatively peaceful life, free from military operations and repression, contending mostly with the difficulty of obtaining art supplies.

This ended abruptly when the Germans occupied the whole of Metropolitan France in November 1942. Until then, the French Demarcation line marked the boundary between the occupied part of France administered by the German Army in the northern and western part of France and the Zone libre in the south. The suppression of the Demarcation line marked by the invasion of the southern zone by the Germans put an end to the peaceful life the artists in Miramande had enjoyed.  This caused the group gathered there to break up.

From then on, it was the French Resistance network that worked to protect the refugees of Mirmande, thus allowing many Jewish painters to flee. Marcelle Rivier, Fedor Löwenstein’s friend who had enticed him to move there, somewhat amusingly described her involvement in his evacuation in 1943 from Miramande: “That night I put on Lowenstein one of these vast peasant skirts that we wore then and by a night of full moon in this month of February 1943, we left for Cliousclat. . .With his skirt, Lowenstein had the air of a horse disguised and the ground left no other means than to take the traced road. There I entrusted him to Ména Loopuyt, a Dutch painter living in Cliousclat. Charles Caillet had gone by bicycle to the abbey of Aiguebelle to get along with the abbot and gave us an appointment at his house. The next day at midnight, Doctor Debanne disguised the Jews as wounded, and they were taken to Aiguebelle.”

As the exposition catalog goes on to describe, “They [the Jews] were in possession of false identity cards made by Maurice Caillet, the curator of the Valence Museum. In agreement with the bishopric and the superior of the community, the monks of the abbey of Aiguebelle in the Drôme welcomed refugees at the end of 1942 and sheltered Jews whom they employed in the various works of the abbey. Löwenstein decorated tiles without enthusiasm.”

In the fall of 1943, ill, Fedor went to Paris, under the pseudonym of Lauriston, to consult at the Curie Institute and at the Broussais Hospital in the south of Paris, where Dr. Paul Chevallier, a French pioneer in hematology, was practicing. However, his disease was not diagnosed, and he continued to deteriorate. Löwenstein would eventually return to his family in Nice, where he was hospitalized and would die on the 4^th of August 1946. It was determined he died of Hodgkins Lymphoma.

Fedor’s association with the “Groupe des Surindépendants” from 1936 onward resulted in him exhibiting regularly with them until the outbreak of WWII. The group even organized a personal exhibition for him in 1939. At some point in 1940 during his stay in Miramande, Fedor returned to Paris where he selected small format works as well as six watercolors that he brought to be shipped to New York City. There is little information about the circumstances surrounding this project, but the paintings were sent to a harbor warehouse in Bordeaux for shipment to an American gallery. Unfortunately, the crates never left Bordeaux but were instead “requisitioned” by German military authorities on the 5^th of December 1940, the date of a major seizure operation.

A special commando unit affiliated with the “Einsatzstab Reichsleiter Rosenberg (ERR)” (Reichsleiter Rosenberg Taskforce) raided the warehouse where Fedor’s crates were stored, seized them, and had them shipped to Paris where they were stored at the “Jeu de Paume.” The ERR was a Nazi Party organization dedicated to appropriating cultural property during WWII and was led by the chief ideologue of the Nazi Party, Alfred Rosenberg, ergo its name. The Jeu de Paume was the seat of ERR’s processing of looted art objects confiscated from Jewish-owned collections.

Owing to the abstract cubist nature of Löwenstein’s works, the ERR staff at the Jeu de Paume deemed them as “degenerate” and consigned them to the store room for condemned art, the “Salles des Martyrs,” Martyrs’ Hall. They were marked for destruction, in German “vernichet.” In total, 25 paintings by Fedor were seized and brought to the Jeu de Paume to be disposed of for ideological reasons.

Almost seventy years after the Liberation of Paris in August 1944 three of the purportedly destroyed Löwenstein paintings resurfaced in French museum collections. French Ministry of Culture officials were able to match the resurrected paintings with information contained in the ERR database for three works labeled by the Germans as Löwenstein 4 (“Paysage” or Landscape), Löwenstein 15 (“Peupliers” or Poplars), and Löwenstein 19 (“Les Arbes” or The Trees). In the official catalogue of unclaimed works and objects of art known as “Musée Nationaux Récupération (MNR),” the works are assigned MNR numbers R26, R27, and R28. These three paintings correspond to Löwenstein’s works of art that were displayed at the Musée des Beaux-Arts in Bordeaux in 2014 for which I would later file a claim for restitution. As an aside, all three paintings were signed “Fedor Loevenstein.” I would later learn from a French reader of my Blog, who purchased several of his works at auction, that Löwenstein also signed some with his initials in reverse, “LF.”

In connection with researching and writing the catalog for the 2014 exhibit of Fedor Löwenstein’s three resurrected paintings, Florence Saragoza and her colleagues uncovered the notes of the curator at the Jeu de Paume, Rose Valland. Her notes from July 20, 1943, confirm the fate of artworks destined for destruction: “Scholz and his team continue to choose from among the paintings in the Louvre’s escrow and stab the paintings they do not want to keep. This is how they destroyed almost all of Masson’s works, all of Dalí’s. The paintings in the Loewenstein, Esmont (sic), M[ichel]-G[eorges] Michel collections are almost all shredded. . .” On July 23^rd, she added “The paintings massacred in the Louvre’s sequestration were brought back to the Jeu de Paume. Five or six hundred were burned under German surveillance in the museum garden from 11 a.m. to 3 p.m. . . . The paintings that remained in the Louvre were classified by category. . .”. It appears that Löwenstein’s three works that escaped destruction had been classified by the Louvre as “paintings of lesser importance,” while the remaining works were likely stabbed, shredded and/or incinerated.

As a side note, since virtually all the images of Fedor Löwenstein’s paintings as well as the historic images of the Martyrs’ Hall at the Jeu de Paume are copyrighted, I refer readers to the hyperlinks to view photos.

As a mildly interesting aside, Florence Saragoza and her colleagues, using the notes left behind by Rose Valland, then curatorial attaché at the Jeu de Paume, were able to attribute most of the paintings exhibited there. They did this using a detailed digitization of the negatives, work by work, accompanied by anamorphosis. This was a new term to me and is defined as: “. . .a distorted projection requiring the viewer to occupy a specific vantage point, use special devices, or both to view a recognizable image. It is used in painting, photography, sculpture and installation, toys, and film special effects. The word is derived from the Greek prefix ana-, meaning ‘back’ or ‘again’, and the word morphe, meaning ‘shape’ or ‘form.’ Extreme anamorphosis has been used by artists to disguise caricatures, erotic and scatological scenes, and other furtive images from a casual spectator, while revealing an undistorted image to the knowledgeable viewer.” In the case of the historic photos on display in the Martyrs’ Hall, I take this to mean that since the paintings in the photos look somewhat distorted, some digital manipulation was required to identify and attribute the works of art.

As previously mentioned, Fedor Löwenstein’s 25 paintings were seized from État-major administratif du port, hangar H, Bordeaux, the “Port Administration Headquarters, Hanger H, Bordeaux.” They were seized at the same time as a set of Dali’s works were taken from another collector, which were described under the acronym “unbekannt,” “unknown.” This was intended to indicate that the history of the works had been lost during the various transfers from their seizure in Bordeaux to their shipment to Paris, the inventories being drawn up only belatedly by the historians of the ERR. Again quoting from the exhibition catalog, “But the fact that these collections were made anonymous was also part of the ideological policy of the Third Reich, which aimed at cultural appropriation, an affirmation of superiority inscribed in a historical connection and a rewriting of art history.” As in the case of Dali’s works, the provenance of the three orphan paintings by Löwenstein was lost and they were described as having been donated anonymously in 1973. Only in 2011 were they were reclassified as stolen works. This brings me to where things stood when I learned all the above.

Soon after connecting with Florence Saragoza, she asked me whether I wanted to file a claim with the Commission pour l’indemnisation des victimes de spoliations (CIVS) for the return of Fedor Löwenstein’s three orphan paintings, as well as payment of damages. CIVS is the commission established in 1999 under the French Prime Minister to implement the policy of the State regarding the reparation of the damages suffered by the Jews of France whose property was looted during the Occupation, because of the anti-Semitic measures taken by the German occupier or by the Vichy regime. This seemed like a logical next step. Given my intimate familiarity with my father and his first cousins’ family tree, I immediately realized that I am Fedor’s closest living relative. (Figure 18) That’s to say, because neither Fedor nor either of his two siblings had any children or surviving spouses, as a first cousin once removed, I am their closest surviving blood relative.

With Mme. Saragoza’s gracious assistance, I filed a claim with CIVS in October 2014. CIVS acknowledged receipt of my claim in November 2014, assigning it a case number, “Requête 24005 BROOK,” noting that considering the numerous claims pending before their office and the multiple archives and offices that would need to be consulted, it could take some time to render a decision. In fact, it took more than 6 ½ years.

In June 2015, my wife and I met with the staff at the CIVS in Paris (Figure 19) to discuss my claim, whereupon I provided them with a written account of the chronology detailed above and my ancestral connection to Fedor Löwenstein. In February 2017, I was eventually contacted by a genealogist contracted by CIVS to investigate my claim. I shared an updated written account of what I had sent to CIVS in 2015, and included an extensive array of historic documents, photos, and exhibits, along with a detailed family tree. In essence, I did the genealogist’s work for him.

Between February 2017 and June 2021, when CIVS rendered their written decision, I was never contacted by the Premier Ministre’s office. The decision letter from the Premier Ministre along with the attached report by Le Rapporteur Generale arrived on the 17^th of June 2021. It included much of the same information discussed above. The final decision is that my claim was rejected.

Beyond the disappointment and anger I feel about this determination, I was curious about the merits and legal basis of this ruling. Inasmuch as I can ascertain, it appears that because France is governed by principles of civil law rather than common law, my rights have been supplanted. Civil law has its features compiled and codified into a collection for ready reference. It is inspired by the Roman law. Common law, on the other hand, has its rules and regulations administered by judges and vary on a case-to-case basis. Civil law was framed in France. Common law was started in England. Common law varies from case to case depending upon the customs of the society whereas civil law has a predefined written set of statutes and codes for reference. Judgment in common law varies whereas in civil law, the judges must strictly follow the codification written in the book.

In the case of my claim for restitution, CIVS concluded there are what are called “universal legatees,” an element of civil law, whose claim to Löwenstein’s property and damages supersede my own. France considers property left in a will a “universal legacy,” so the person who inherits the rights, obligations, possession, and debts of an ancestor’s title in property through a testamentary disposition is called a “universal legatee.”

These universal legatees in the case of Fedor Löwenstein’s estate are descendants of individuals, merely friends, who inherited from his brother and sister. They and their descendants were not and are not related by blood to Fedor Löwenstein, as I am. Were it not for my efforts to uncover information about Fedor’s orphaned works and file a claim for repatriation and damages, these individuals would have no knowledge of their existence. Furthermore, had it not been for my own extensive genealogical research into Fedor Löwenstein’s spoliated works and ancestry, the CIVS genealogist contracted to undertake the forensic investigation into my claim likely would not have uncovered all the information I provided in 2017. Notwithstanding the stated wishes of CIVS and the Musée National d’Art Moderne housed in the Centre Pompidou in Paris to restore Fedor Löwenstein’s to his family, this is emphatically not happening.

In retrospect, I would say I should not be surprised by this outcome. France has a long-standing tradition of having wronged my family going back to when the French were complicit in helping the Germans deport my aunt Susanne Müller née Bruck in August 1942, from Fayence, France to Auschwitz, where she was ultimately murdered. Then, following the war, in 1948, they arrested my father, Dr. Otto Bruck (Figure 20), in Nice, France for allegedly practicing dentistry illegally, simply for managing the practice of a dentist who had no interest in her business. My father was arrested only because he was “apatride,” stateless. Rather than offer French citizenry to a man who spoke fluent French and who offered a service much-in-need following WWII, they detained and intended to prosecute him had he not decamped for America. And this although my father served France nobly and honorably for five years during the war as a soldier in the French Foreign Legion. Arguably, France may have met its legal obligation with its decision regarding my claim, but they most assuredly have not fulfilled their moral obligation by handing over my ancestor’s paintings and awarding damages to so-called “universal legatees.” Family of Fedor Löwenstein they are decidedly NOT!!

REFERENCE

Fédor Löwenstein (1901-1946) trois œuvres martyres. 16 May-24 Aug. 2014. Musée des Beaux-Arts de Bordeaux, Bordeaux.

VITAL STATISTICS OF WILHELM FÉDOR LÖWENSTEIN & HIS IMMEDIATE FAMILY