Practice Relating to Rule 41. Export and Return of Cultural Property in Occupied Territory
In 2010, in the Kaplan case, the Paris Administrative Court ruled on a matter of compensation regarding the failure of the occupying power to return art works despoiled in occupied France during World War II:
[T]he Commission for the Compensation of Victims of Despoliation received an application for compensation regarding … pieces of art that were deposited in the safe of a bank in Bordeaux in 1941. According to the inventory of the deposit, there were 151 pieces, including 78 paintings, and all of them were seized by the occupying forces on 15 March 1943, while three of them were returned after the conflict …
The Court further explained:
[A]ccording to article 1 of the Decree [No. 99-778] of 10 September 1999: “ … a commission is established before the prime minister with the mandate of reviewing individual claims submitted by victims or their legal heirs or assignees in order to receive reparation for damages following the despoliation of their property resulting from anti-Semitic legislation adopted during the Occupation by either the occupying power or the Vichy government”.