Note: Mr. David Zivie, my contact at the French Ministry of Culture clarified the roles of the “Mission for the Research and Restitution of Cultural Property Looted between 1933 and 1945 (MR2S),” which he heads, and the “Commission pour la restitution des biens et l’indemnisation des victimes de spoliations antisémites (CIVS),” which is attached to the Prime Minister’s office. Both are involved in reparation for looting of art and books confiscated by the Nazis in France during the Second World War but are separate entities doing different work.
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POST 105: FEDOR LÖWENSTEIN’S NAZI-CONFISCATED ART: RESTITUTION DENIED
I am grateful to my contact at the French Ministry of Culture, Mr. David Zivie (Figure 1), for having read Post 189 where I discussed the restitution of three paintings looted from my father’s cousin Fédor Löwenstein during the Second World War. David was directly involved in my eleven-year compensation claim and was instrumental in facilitating a positive resolution of the matter.
In perusing Post 189, David noted several errors I made regarding the relationship of the organizational structure that he heads within the French Ministry of Culture, the so-called “Mission for the Research and Restitution of Cultural Property Looted between 1933 and 1945 (MR2S)” and the independent “Commission pour la restitution des biens et l’indemnisation des victimes de spoliations antisémites (CIVS).” Each has distinct responsibilities as it relates to resolving claims for reparation for Nazi looting of art and books, which David explained in detail. Being a stickler for accuracy compels me to write this postscript, while at the same time acknowledging it may be of scant interest to most readers.
I first learned about my father’s first cousin, Fédor Löwenstein, in 2014 after scrutinizing the personal papers of two of my renowned great aunts archived at the Stadtmuseum in Spandau outside Berlin. Through further research I learned Fédor was an accomplished painter and unexpectedly discovered that the French Ministry of Culture was looking for heirs to restore three paintings confiscated by the Nazis at the Port of Bordeaux on December 5, 1940, that had survived. Having eluded the Nazi onslaught to destroy so-called “degenerate art,” the works were erroneously catalogued in 1973 as an “anonymous donation” and absorbed into the collections of the Louvre. It was not until December 2010 that two astute curators recognized Löwenstein’s works as looted art, whereupon the French Ministry of Culture ostensibly began the process of seeking the rightful heirs. I say “ostensibly” because I reached out to the Ministry before they ever tried to find me.
Following my discovery in 2014, I contacted Mme. Florence Saragoza, the curator of an exhibit featuring Loewenstein’s three “martyred” works held at the Musée des Beaux-Arts de Bordeaux that year. Seemingly, this exhibit was a public effort on the part of the French Government to find rightful heirs. Coincidentally, 2014 was the year my wife and I spent 13 weeks visiting places in Europe related to my Jewish relatives’ diaspora. As I’ve detailed in Post 105 and Post 160, Florence helped me file a claim for the paintings in October 2014 in a case that was finally resolved in 2025.
Following submission of my compensation claim in 2014, the following year my wife and I traveled to Paris to introduce ourselves to staff of the CIVS and discuss my claim. One of the staffers we met was Mme. Muriel De Bastier (Figure 2), a lady I’m still in contact with, who at the time worked for the CIVS but who now works for MR2S. Since Muriel has worked for both organizations I conflated them, ergo my confusion.
As David clarified, the CIVS is an independent commission “attached” to the office of the Prime Minister. By contrast, the Mission for the Research and Restitution of Cultural Property Looted between 1933 and 1945 (MR2S), headed by David Zivie, is a department of the Ministry of Culture. MR2S is dedicated to researching and promoting the “policy of reparation” for looting.
MR2S conducts research on their own initiative but also at the request of CIVS. The results of their research are then sent to the CIVS. The report to the CIVS attempts to clarify the facts and events surrounding Nazi looting during the Second World War, and to evaluate the looted works.
Using the report, the so-called CIVS “rapporteur” then proposes a solution and makes a recommendation on how to proceed to the entire CIVS commission during a hearing, a so-called “séance.” Accompanied by my lawyer, I attended such a hearing in April 2024 in Paris.
As a representative of the Ministry of Culture, MR2S participates in CIVS hearings, like when I attended. However, as MR2S is not part of the CIVS, they do not participate in the deliberations.
Following the hearing, the CIVS issues opinions on cases of spoliation (i.e., “the action of taking goods or property from someone by illegal or unethical means”) and recommends repatriation measures.
Relying upon the CIVS’s guidance, the Prime Minister issues “un décision,” recommending restitution and/or compensation. The Ministry of Culture then implements the CIVS’s recommendations and the Prime Minister’s decision by organizing the restitution of art and books.
The Ministry of Culture, that’s to say MR2S, also tries to find original solutions, as in the case of my compensation claim. As I’ve discussed ad nauseum in earlier posts, France is governed by Civil law as opposed to Common law. Despite being the closest surviving heir to Fédor Löwenstein, according to France’s legal system the rights of two so-called “légataires universels,” universal legatees, trumped mine. This required some delicate negotiations to obtain ownership of Fedor Loewenstein’s surviving paintings. It also required the Ministry of Culture to participate in discussions with the Musée d’art et d’histoire du Judaïsme (mahJ) to have the paintings displayed there following restitution of the paintings to fulfill conditions of the agreement signed with the legatees.
So, the MR2S (Ministry of Culture) and the CIVS are two links in the same process but are two organizations that do different work.
Thanks, Richard. This offers a more complete picture of the efforts at restitution that are still unfolding. I have heard of it in bits and pieces and it allows me to restructure the process somewhat. What an endeavor. Good luck next month!