The Precedent: Echoes of Germany’s Art Looting Case
The decision echoes the Federal Republic of Germany v. Philipp case, in which Holocaust survivors’ descendants unsuccessfully attempted to recover medieval treasures, arguing that the forced sale of artifacts to the Nazis was an act of genocide, not commerce. The Supreme Court, in that case, held that genocide claims do not automatically fall under the FSIA’s expropriation exception—a ruling that significantly shaped the outcome for Simon and her fellow plaintiffs.
A Closing Door for Holocaust Restitution Claims?
For survivors like Simon, Rosanna Weksberg Finkelberg, Rose Miller, and Thomas Schlanger, this ruling is a devastating setback in their long pursuit of justice. It also raises grave concerns about the future of Holocaust restitution claims, as sovereign immunity remains an increasingly insurmountable legal shield for foreign governments.
Hungary, represented by Joshua S. Glasgow of Phillips Lytle LLP, successfully defended its position, while the plaintiffs were represented by a legal team including Shay Dvoretzky and Parker Rider-Longmaid of Skadden Arps Slate Meagher & Flom LLP.
The case, officially titled Republic of Hungary et al. v. Rosalie Simon et al., case number 23-867, now stands as a defining precedent, reaffirming the limits of U.S. jurisdiction in historical claims against foreign states.
