Thuringia starts new procedure for the return of Nazi looted property!

Thuringia starts new procedure for the return of Nazi looted property!

The return of Nazi-looted property is currently the focus of political and social debates in Germany. On May 20, 2025, Thuringia's Minister of Culture Christian Tischner took the initiative to make a “standing offer” for state institutions that preserve cultural assets. The aim is to facilitate the return of this often controversial cultural property and to find fair solutions to the open cases, which are now over 80 years old. A new way to clarify the claims is paved by the establishment of an arbitration tribunal, as bildung.thueringen.de reports.

In March 2025, at a top cultural policy meeting in Berlin, the decision was made to set up an arbitration tribunal for Nazi looted property. This court is intended to act as an alternative dispute resolution mechanism to adjudicate disputed returns after a preliminary hearing. It is worth noting that the descendants of the former owners can appeal to the court unilaterally - a major advance compared to previous practice, where joint consent was required, as weltkunst.de highlights.

The new arbitration court

The arbitration tribunal will act in place of the Advisory Commission for the Return of Cultural Property Confiscated Due to Nazi Persecution, which was set up in 2003. It is named jointly by the federal, state and Jewish organizations. Timon Gremmels, chairman of the Conference of Culture Ministers, emphasizes the need for returns. Josef Schuster, President of the Central Council of Jews, also emphasizes that this is an important step towards a binding restitution law. Gideon Taylor, president of the Claims Conference, also calls for such a law to overcome legal hurdles.

Another important aspect of the new process is financing. Half of the costs are covered by the federal and state governments, which makes things easier. In addition, an evaluation of the procedure is planned after the first ten arbitration awards or at the latest after three years to ensure that the new regulations actually take effect. However, the likelihood of concrete arbitration cases in Thuringia is considered to be low, reported bildung.thueringen.de.

Criticism and challenges

But the discussions surrounding the return of Nazi-looted art also remain critical. At a technical discussion by the Culture Committee on November 4, 2024, concerns were expressed about the draft law “to facilitate the enforcement of the return of cultural property confiscated as a result of Nazi persecution”. Points of criticism relate to the planned modifications to the right to refuse performance and the question of the extent to which the law actually represents an improvement for the cultural assets affected. Dr. Christina Berking from the German Art Trade Interest Group criticized that the law could hinder restitution.

However, the introduction of the arbitration tribunal should also provide more clarity. The Culture Committee has 19 members and is responsible for cultural policy issues, indicating that these debates are held at the highest level. The extensive discussion about the creation of a binding evaluation framework for arbitration shows that a number of hurdles still need to be overcome before a legally secure procedure is established, as bundestag.de also states.

In the coming months, the deadline for submitting the “standing offer” for collection preservation institutions in Thuringia – by the end of September 2025 – will also be crucial. It remains exciting to see how the situation surrounding the return of Nazi-looted property will develop.