Statement by the Leopold Museum Private Foundation on the successful conclusion of settlement negotiations
21 July 2010:
On 20 July 2010, settlement was reached between the Leopold Museum Private Foundation (LMPF) and the Estate of Lea Bondi-Jaray with regard to the painting Portrait of Wally by Egon Schiele; according to this arrangement, the Foundation will pay nineteen million dollars and have the portrait returned. As it is widely known, the painting had been seized by a New York district court following an exhibition of LMPF-owned works at the Museum of Modern Art (MoMA) in 1998. The more than twelve years since that time have seen the work embroiled in a legal battle. Now, the painting will be returning to the Leopold Museum, where it forms a triptych of sorts with Schiele’s Self-portrait with Lampion Fruit and the similarly iconic work Cardinal and Nun. In any event, collector and foundation founder Rudolf Leopold viewed the painting both as an independent work and as part of this secular triptych, and the fact that Leopold did not live to see Wally finally return to his museum adds an additional bitter aspect to this painting's long history.
The settlement by LMPF with the Estate of Lea Bondi-Jaray will surely not remain a unique, exceptional case, but shall rather set a certain precedent for future actions. Each side, LMPF and the heirs of Bondi-Jaray, was and remains of the opinion that it would have eventually won the lawsuit—not today, not tomorrow, but only after an arduous procedure which would have dragged on for several more years. This prospect would have been unbearably costly for both sides in terms of time and financial resources. Dr. Leopold always believed himself to be in the right regarding this case, and up to his final moment, he remained optimistic that justice would ultimately prevail. Those who give close study to the relevant history, documentation and witness testimony will thoroughly understand the way in which the collector acted, arriving at the conclusion that he had acquired the work in justifiably good faith. At the same time, Rudolf Leopold was aware that his strength and health were failing. He desired to see the painting returned to Vienna during his own lifetime, and therefore initiated settlement negotiations of his own accord. Today, I would like to once again call attention to the fact that Rudolf Leopold had desired a compromise settlement from the very beginning. In 1998, such a settlement would have cost around two million dollars—as signalled to him at the time by Ronald Lauder. But the Austrian Federal Government’s representation on the board of the LMPS urged Leopold to grant his permission to engage in the legal battle that ensued—a battle during which court and legal fees were to consume over twice the original compensation sum. The other side had an easier time of it: their role in the proceedings was assumed for them by the US Government.
The present settlement is also about recognizing and appreciating the positions and achievements on each side. It acknowledges and expresses empathy for the tragic history of Jews in Austria during the twentieth century, while also recognising the achievements of the private collector and worldwide Schiele promoter. As pat of the settlement negotiations, the two sides—the LMPS and the group of heirs—have arrived at a mutual formulation of the painting’s ownership history. This is a rather important point in such settlements, resulting in positive long-term effects. This mutually formulated history will appear in writing next to the painting when it is once again displayed in Vienna.
The financial aspect—nineteen million US dollars—cannot be allowed to overshadow the aspect of mutuality described above. Even so, the LMPS has gone to the absolute limits of its financial possibilities in settling this case. The fact that the Republic of Austria has so far refrained from participating in this settlement remains a discordant note and will certainly affect the relationship of the LMPF with the Austrian Federal Government for some time to come. The Austrian Federal Government contributed no more than eighty million euros to the Foundation—this amounts to around one tenth of its present-day value, or—put differently—the value of just one of those several Leopold Collection artworks which are of central significance to art history. Therefore, it would have been immanently appropriate for the Federal Government to bear some of the costs of the legal battle which was, after all, initiated upon its explicit recommendation. Regardless of this unfortunate fact, the LMPF was willing to make this settlement payment alone, exclusively from its own funds. This should also be publicly stated and acknowledged.
Therefore, one cannot stress often enough that the LMPS has undertaken its efforts towards settlement of cases of wrongfully expropriated Jewish property voluntarily and upon the basis on its own deliberations and decisions. In a purely legal sense, the LMPF is not obligated to take action; in fact, the Foundation’s statues make it exceptionally difficult to enter into such a settlement. Even so, the LMPS shall act out of its moral responsibility to do justice to the history of Austria and of its Jewish citizens, and shall take steps to reach settlements that satisfy the claims and expectations of both sides. At the same time, the LMPF views it as its duty to ensure for the Republic of Austria that important artworks remain accessible to the general public.
In this double responsibility—regarding both history and the preservation of artworks for public edification—the LMPF is deliberately embarking upon a path that represents a new one for Austrian private foundations. In contrast to Austria’s Federal Museums, it can act voluntarily and autonomously, and it will not forego this opportunity to act in a free and self-responsible manner. The basis for our action shall be the quest for historical truth and societal responsibility, rather than the pursuit of particular interests.
Vienna, 21 July 2010
Dr. Diethard Leopold for the LMPF Board of Directors
Current Exhibitions
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Press Images
Here you can find press images of our actual special exhibitions! For downloading the hi-res jpg files right-click on thumbnail and choose "Save as ..." to download
ANONYM Head of a Life-size malanggan Doll,
kovabat or mandas with Bird Wood, painted, and inset eyes made from top of Turbo betholatus snail 78 x 29 x 38 cm Fondation Beyeler, Riehen/Basel Foto: Peter Schibli, Basel
PAUL CÉZANNE (1839-1906) Seven Bathers/Sept baigneurs, c. 1900
Oil on canvas 38 x 46 cm Fondation Beyeler, Riehen/Basel Foto: Christian Baur, Basel
PAUL CÉZANNE (1839-1906) Still Life with Sliced Open Watermelon/
Nature morte avec pastèque entamée, , c. 1900 Watercolor and pencil on paper 31,5 x 47,5 cm Fondation Beyeler, Riehen/Basel Foto: Cantz Medienmanagement, Ostfildern
AUGUSTE RODIN (1840-1917) Iris, Messenger of the Gods (Figure in Flight) / Iris, messagère des dieux (Figure volante), c. 1890/91 Bronze 83,3 x 87 x 36 cm Fondation Beyeler, Riehen/Basel Foto: Peter Schibli, Basel
GEORGES SEURAT (1859-1891) Reclining Man (Study for "Une baignade,
Asnières") / L‘homme couché (Etude pour "Une baignade, Asnières"), 1883/84 Conté crayon on Ingres "Michallet" paper 24,5 x 31,5 cm Fondation Beyeler, Riehen/Basel Foto: Peter Schibli, Basel
Ernst Beyeler at the Fondation Beyeler in front of Andy Warhol’s Self-Portrait, 1967 Photography Fondation Beyeler, Riehen/Basel
Beyeler Museum, View from the South, Autumn 1997 Photography Fondation Beyeler, Riehen/Basel Foto: Thomas Dix
press conference Portrait of Wally
Egon Schiele (1890-1918) Portrait of Wally Neuzil, 1912
Oil on wood 32,7 x 39,8 cm Leopold Museum Vienna, Inv. 453
Egon Schiele (1890-1918) Self-Portrait with Chinese Lantern Plant, 1912
Oil, opaque color on wood 32,4 x 40,2 cm Leopold Museum Vienna, Inv. 454
JOSEPH MARIA OLBRICH
JOSEPH MARIA OLBRICH (1867-1908) Vienna Secession Building Städtische Kunstsammlung Darmstadt, Institut Mathildenhöhe, Foto: Matthias Herrmann
JOSEPH MARIA OLBRICH (1867-1908) Poster for the 2nd exhibition of the
Vienna Secession Building Lithograph 86,5 x 61,5 cm Hessisches Landesmuseum Darmstadt, Foto: Wolfgang Fuhrmannek
JOSEPH MARIA OLBRICH (1867-1908) Armchair from the Guest Room of the Villa
Friedmann, Hinterbrühl near Vienna Mahogany, brass, reconditioned cover 90,5 x 58,5 cm x 61,5cm Städtische Kunstsammlung Darmstadt,
Institut Mathildenhöhe
JOSEPH MARIA OLBRICH (1867-1908) Mail box from the Bahr House Maple, brass plate, white glass stones 33 x 36 x 8 cm Österreichisches Theatermuseum Wien
JOSEPH MARIA OLBRICH (1867-1908) Darmstadt Deiters residence, preliminary study,
perspective drawing from south-east Pencil and watercolour on paper 18,8 x 16,4 cm Kunstbibliothek Berlin
JOSEPH MARIA OLBRICH (1867-1908) Entrance Ernst-Ludwig-House with sculptures
from Ludwig Habich 86,5 x 61,5 cm Städtische Kunstsammlung Darmstadt, Institut Mathildenhöhe, Foto: Nikolaus Heiss
JOSEPH MARIA OLBRICH (1867-1908) Exhibition Poster »Künstlerkolonie« (artists colony) Lithograph 82,5 x 50 cm Städtische Kunstsammlung Darmstadt, Institut Mathildenhöhe
JOSEPH MARIA OLBRICH (1867-1908) Conical vase with long neck Stoneware, glazed 26,5 cm Städtische Kunstsammlung Darmstadt, Institut Mathildenhöhe
JOSEPH MARIA OLBRICH (1867-1908) Triple tiered vase in white Stoneware, glazed 11,5 x 12,3 cm Städtische Kunstsammlung Darmstadt, Institut Mathildenhöhe
JOSEPH MARIA OLBRICH (1867-1908) Candle holder from a House Olbrich set in
Darmstadt Silver, interior gold-plate, amethyst 34,5 x 17,5 cm Städtische Kunstsammlung Darmstadt,
Institut Mathildenhöhe
JOSEPH MARIA OLBRICH (1867-1908) Dressing table and armchair for the first International
Exhibition for Modern Arts, Turin Wood, copper, textile, mirror 118 x 89 x 60,5 cm (Frisiertisch)
77 x 51 x 58 cm (Armlehnstuhl) Städtische Kunstsammlung Darmstadt, Institut Mathildenhöhe
JOSEPH MARIA OLBRICH (1867-1908) Portrait, around 1901
JOSEPH MARIA OLBRICH (1867-1908) Table clock Maple, ivory, mother of pearl inlay and
painted metal 20 x 11 7,5 cm Institut Mathildenhöhe Darmstadt
JOSEPH MARIA OLBRICH (1867-1908) Sofa, table and chair from the music room at
the exhibition of the Dresden Workshops for
Arts and Crafts Mahogany, massive, maple inlay, white cellulose,
velvet, glass plate
JOSEPH MARIA OLBRICH (1867-1908) Illustration from Joseph Maria Olbrich and
Georgina Freiin von Rotsmann, »Es war einmal«
(»Once upon a time«) 26 x 24 cm Städtische Kunstsammlung Darmstadt,
Institut Mathildenhöhe
JOSEPH MARIA OLBRICH (1867-1908) Illustration from Joseph Maria Olbrich and
Georgina Freiin von Rotsmann, »Es war einmal«
(»Once upon a time«) Lithograph 26 x 24,5 cm Harald Ernstberger
JOSEPH MARIA OLBRICH (1867-1908) Tischtuch, um 1904 Cotton, with grey, grey-blue, dark blue and
orange block print 130 x 120 cm Städtische Kunstsammlung Darmstadt,
Institut Mathildenhöhe
JOSEPH MARIA OLBRICH (1867-1908) Grand Duke Ernst Ludwig of Hesse and by Rhine
(1868-1937) Oil on wood 103 x 83 cm Hessische Hausstiftung
JOSEPH MARIA OLBRICH (1867-1908) Department Store Tietz, Düsseldorf Photograph Städtische Kunstsammlung Darmstadt,
Institut Mathildenhöhe
JOSEPH MARIA OLBRICH (1867-1908) Letterbox from the Olbrich House Basswood, gold-plated 25 x 37,5 x 24,6 cm Städtische Kunstsammlung Darmstadt,
Institut Mathildenhöhe
Egon Schiele and his time Egon Schiele (1890-1918) Self-Portrait with Chinese lantem Plant, 1912 Oil and opaque colour on wood 32,4 x 40,2 cm Leopold Museum, Vienna
EGON SCHIELE
(1890-1918) »Self-Seer« II (»Death and
Man«)
Oil on canvas
80,5 x 80 cm
Inv.Nr. 451
EGON SCHIELE
(1890-1918) Reclining Boy (Erich Lederer)
Pencil, gouache on paper
31,8 x 48,1 cm
Inv.Nr. 1408
GUSTAV KLIMT
(1862-1918) Death and Life
Oil on canvas
180,5 x 200,5 cm
Inv.Nr. 630
GUSTAV KLIMT
(1862-1918) Attersee
Oil on canvas
80,2 x 80,2 cm
Inv.Nr. 4148
Egon Schiele and his time (Milan) Gustav Klimt (1862-1918) Approaching thunderstorm
Egon Schiele and his time (Milan) Richard Gerstl (1883-1908) Semi-Nude Self-Portrait, 1904/05 Oil on canvas 159 x 109 cm Leopold Museum, Vienna
RICHARD GERSTL
(1883-1908) Nude Self-Portrait with Palette
Oil on Canvas
139,3 x 100 cm
Inv. Nr. 651
RICHARD GERSTL
(1883-1908) Couple in the Fields
Oil on canvas
111,2 x 90,7 cm
Inv. Nr. 645
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