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Case file s1228 · War and property · 2005
2005
Pissarro - rue-saint-honore-afternoon-rain-effect-1897: Work by Camille Pissarro
Pissarro - rue-saint-honore-afternoon-rain-effect-1897. Camille Pissarro. Public domain, Wikimedia Commons.
Died
pending; suit filed 2005 in the US District Court for the Central District of California; submitted for decision 26 October 2026
Place
Berlin, Germany; Madrid, Spain; Los Angeles, California, USA
Field
Impressionist painting · Visual art and architecture on the timeline
Legal tradition
US Foreign Sovereign Immunities Act; California law vs. Spanish acquisitive prescription · Common law · Civil law
Historical event
Nazi persecution and forced sales (1933-1945)

Lilly Cassirer gave up her Pissarro to the Nazis for an exit visa in 1939, and her heirs' suit against Spain's Thyssen museum went to decision in October 2026

Camille Pissarro painted Rue Saint-Honoré, Afternoon, Effect of Rain in 1897. Lilly Cassirer owned it in Berlin. In 1939, to get an exit visa to England, where her grandson Claude had gone, she gave it to the Nazis. After the war she was declared the rightful owner. In 1958, not knowing where the painting was, she accepted compensation from West Germany worth about $250,000 in today's money. Baron Hans Heinrich Thyssen-Bornemisza bought the painting in New York in 1976. In 1993 he sold it to the Thyssen-Bornemisza Collection Foundation, an entity Spain created and controls, and it hangs in Madrid. Claude learned where it was in 1999. Informal efforts failed, and the family sued the foundation in California in 2005. On 21 April 2022 the US Supreme Court ruled 9-0 that the court must use the same choice-of-law rule as in a suit against a private party. In January 2024 the Ninth Circuit applied Spanish law and held that the foundation had gained title by prescription. Claude's son David argued that a new California law requires California law in such claims. On 10 March 2025 the Supreme Court vacated the Ninth Circuit ruling. On 26 October 2026 the district court cancelled oral argument and took cross-motions for summary judgment under submission. The painting is still in Madrid.

What the law took from it

Accepting compensation for a lost work does not settle who owns it when it is found.

Sources
  1. Cornell Law School, LIICourt record
  2. scotusblog.comCourt record
  3. elderecho.comPress
  4. infobae.comPress

Cite as: celebrity.estate, “Lilly Cassirer gave up her Pissarro to the Nazis for an exit visa in 1939, and her heirs' suit against Spain's Thyssen museum went to decision in October 2026,” story s1228, https://www.celebrity.estate/lilly-cassirer-2005, updated 30 October 2026.

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