No. 19-351October Term 2019Decided Feb 3, 2021
Federal Republic of Germany v. Philipp
The main fight is over whether this Holocaust-era property claim against Germany can be heard in a U.S. court at all.
Case status
- Current stage
- Decided
- Latest event
- Decision released Feb 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
Briefing
What it's about
Heirs of German Jewish art dealers say Nazi officials forced the sale of the Welfenschatz, a medieval art collection, to Prussia for far less than it was worth. The Supreme Court is considering whether Germany and its state museum entity can be sued in U.S. courts under a federal law that limits when foreign governments are immune from suit.
Vote
The case is still pending, and no oral argument is scheduled yet. Germany argues that the Foreign Sovereign Immunities Act does not reach a country's taking of property from its own nationals within its own borders and says courts should consider international comity (respect for another nation's legal system); the heirs argue the suit should be allowed to go forward.
Impact
The case could shape whether people can use U.S. courts to seek the return of art or money from foreign governments for alleged historic takings. That matters to Holocaust-era claimants, foreign nations, and museums that may face similar lawsuits in the United States.
What's next
Watch for oral argument to be scheduled or for another move on the Court's calendar. No decision window is available yet.
What is the core dispute in Federal Republic of Germany v. Philipp?
The heirs say Nazi officials forced a below-market sale of the Welfenschatz. Germany says U.S. courts cannot hear the case because foreign sovereign immunity should still apply.
Why could this case matter beyond this art collection?
It could affect whether other people can sue foreign governments in U.S. courts over alleged historic property seizures. Museums and foreign states are watching closely.
What should readers watch for next in this case?
The next major step is whether the Supreme Court schedules oral argument. Until then, there is no set timeline for any eventual decision.
Decision
What the Court decided
The main fight is over whether this Holocaust-era property claim against Germany can be heard in a U.S. court at all.
Impact
The case could shape whether people can use U.S. courts to seek the return of art or money from foreign governments for alleged historic takings. That matters to Holocaust-era claimants, foreign nations, and museums that may face similar lawsuits in the United States.
Not official Court text.
Opinion documents
Timing
Decided February 3, 2021
The Court released its decision on February 3, 2021 without hearing oral argument.
Related cases




Grounding
- Grounding
- Primary materials plus reporting.
- Note
- Best-effort analysis: this explainer relies on a mix of primary materials and trusted secondary sources. Official filings and opinions remain authoritative.
- Checked
- Jul 2, 2026
- Method
- Methodology
Primary materials10
Supreme Court docket 19-351
docket | Jul 25, 2026
Primary case document
Supreme Court document | Jul 25, 2026
CourtListener docket record
docket | Jul 25, 2026
Questions Presented
brief | May 24, 2026
opinion
opinion | Feb 3, 2021
Petition
brief | Sep 16, 2019
SupremeCourt.gov
official | Jul 2, 2026
SupremeCourt.gov
official | Jul 2, 2026
SupremeCourt.gov
official | Jul 2, 2026
SupremeCourt.gov
official | Jul 2, 2026