Republic of Austria V. Altmann Case Brief

Republic of Austria v. Altmann

124 S.Ct. 2240

FACTS:

In 1998 it evidence was discovered that certain works in the Austrian Gallery archives in Vienna, Austria had not been obtained from their rightful owners. These works were believed to have been seized by the Nazis or expropriated by the Austrian Republic after World War II. Prior to the Nazi invasion of Austria in 1938, the paintings had hung in the Vienna home of Maria Altmann’s uncle, Ferdinand Bloch-Bauer. Mrs. Altmann claims ownership of the paintings under a will executed by her uncle after he fled Austria in 1938. In the will, he left his estate to Mrs. Altmann, another niece, and a nephew, Robert Bentley. Mrs. Altmann alleges the Gallery obtained the paintings through wrongful conduct in the years during and after World War II. This case was brought before the Supreme Court of the United States.

ISSUE:

Does the U.S. courts have the jurisdiction to hear the case and does FSIA (Foreign Sovereign Immunities Act of 1976) apply. Yes

LAW:

The