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No. 19-351October Term 2019Decided Feb 3, 2021

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

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
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

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

Decision record

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.