CMS scores a win for the Kunstmuseum Bern in the "Gurlitt Collection" proceedings
Berlin – CMS has successfully represented the gallery Kunstmuseum Bern in a complex legal dispute against legal remuneration claims in connection with the "Gurlitt Collection", which has been the subject of much media attention. In its judgement dated 14 May 2025, Munich Higher Regional Court allowed the legal action brought by Hannes Hartung, the former lawyer of the late art collector Cornelius Gurlitt, but only to a very limited extent. Instead of the claim of around EUR 1.36 million that was made, the court only awarded claims amounting to EUR 106,815 – less than eight per cent of the amount originally claimed.
The proceedings concerned, among other matters, complex legal issues relating to how the fair market value of works of art is determined. In addition, the court found that the claimant was in part unable to prove that he had been instructed to provide legal representation to third parties at all. Munich Higher Regional Court thus clearly rejected the attempt to derive a remuneration claim worth millions from just under three months of work.
CMS advised the Kunstmuseum Bern comprehensively and represented it in the proceedings in all instances. CMS also comprehensively advised and represented the Kunstmuseum Bern in all legal matters relating to the estate of Cornelius Gurlitt. Prof. Dr Winfried Bullinger was in charge of the mandate. The Kunstmuseum Bern is an internationally renowned museum and came to the attention of the world as a result of the devolution of the inheritance of Cornelius Gurlitt.
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