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No. 19-351October Term 2019Decided Feb 3, 2021Updated May 24, 2026

Docket 19-351October Term 2019 (2019–2020)

Federal Republic of Germany v. Philipp

The case arose from a suit by heirs of German Jewish art dealers who say Nazi officials forced the sale of a medieval art collection, the Welfenschatz, to Prussia at a fraction of its value.

Case status

Decided 9-0 · February 3, 2021 · Opinion by Chief Justice Roberts

Read the opinion (PDF)
Current stage
Decided
Latest event
Decision released Feb 3, 2021
Case Accepted
Arguments
Decision ReleasedFeb 3, 2021
What it's about

The case arose from a suit by heirs of German Jewish art dealers who say Nazi officials forced the sale of a medieval art collection, the Welfenschatz, to Prussia at a fraction of its value. The Supreme Court considered whether Germany and its state museum entity could be sued in U.S. courts under the Foreign Sovereign Immunities Act for that alleged taking.

Question presented

1. Whether the "expropriation exception" of the Foreign Sovereign Immunities Act, 28 U.S.C. § 1605(a)(3), which abrogates foreign sovereign immunity when "rights in property taken in violation of international law are in issue," provides jurisdiction over claims that a foreign sovereign has violated international human-rights law when taking property from its own national within its own borders, even though such claims do not implicate the established international law governing states' responsibility for takings of property. 2. Whether the doctrine of international comity is unavailable in cases against foreign sovereigns, even in cases of considerable historical and political significance to the foreign sovereign, and even where the foreign nation has a domestic framework for addressing the claims.

Case path

United States Court of Appeals for the District of Columbia Circuit / Decision released Feb 3, 2021

Area

Decided Supreme Court case

Timing

Decided February 3, 2021

The Court released its decision on February 3, 2021 without hearing oral argument.

Activity

Docket activity3
  • Brief added: Questions Presented

    May 24, 2026 | Court records

  • Opinion added: opinion

    Feb 3, 2021 | Court records

  • Brief added: Petition

    Sep 16, 2019 | Court records