ECJ Ruling on Protection of Art in the EU: Mandatory Measures for Member States
On October 29, 2024, the European Court of Justice (ECJ) handed down a landmark ruling on the protection of cultural property within the European Union (C-227/23). According to the Court, all Member States are obligated to provide comprehensive protection within the Union for works that constitute a significant part of European cultural heritage – regardless of the original location of the artworks. The ECJ thus clarifies important aspects of the Union’s legal responsibility regarding the protection and repatriation of such works.
Background of the Proceedings
The judgment was based on proceedings concerning the interpretation of specific provisions of Directive 2014/60/EU regarding the return of cultural goods unlawfully removed from the territory of a Member State. The case originated from a dispute between a national authority and a private party over the jurisdiction and obligation to return a culturally significant work after its transfer to another Member State.
The central issue was whether Member States are also required to protect, and where necessary ensure the restitution of, artworks that are currently within the Union but were originally located in another Member State.
Key Legal Points of the Decision
Relevant Provisions and their Interpretation
The ECJ provided a detailed interpretation of the relevant provisions of Directive 2014/60/EU. The central provision is Article 2 of the Directive, which requires Member States to enable the return of unlawfully removed cultural goods and to provide them with appropriate powers. The Court emphasizes that protection and repatriation are not dependent on the geographic origin. This harmonizes the scope of protection across the Union and focuses on the existence of the cultural good within the Union.
Obligation for Effective Implementation at National Level
The judgment imposes far-reaching obligations on Member States. They must establish suitable regulations to enable the necessary steps for safeguarding and returning protected works of art—even if the state of origin is not the same as the current country of residence. It is particularly emphasized that an effective system for the identification and registration of artworks must be in place.
Significance for the Art Trade and International Movement of Goods
With this ruling, the ECJ confirms that while economic interests and fundamental freedoms are important, they remain subordinate to the overriding goal of cultural property protection as enshrined in Article 36 TFEU. This affects, not least, purchasers and third parties, who must observe their due diligence obligations when acquiring a work. The art trade within the Union is therefore expected to scrutinize the provenance and legal ownership of works intensively.
Impact on Official Enforcement
Increased Requirements for National Authorities
National enforcement authorities bear greater responsibility. They must not only ensure the physical protection of cultural goods but are also required to establish cooperative mechanisms with other Member States. The ruling underscores that mere passive measures are insufficient to meet the Union’s legal obligations.
Consequences for Restitution Proceedings
The ruling further strengthens the rights of legitimate owners of cultural property and facilitates their access to effective legal remedies for the return of their assets. National courts are now increasingly required to take European Union law into account and to prioritize the interests of cultural property protection over individual interests.
Assessment and Classification
The ruling demonstrates the importance that the ECJ places on the common European cultural heritage. By extending the duties of return and protection, both Member States and private individuals and enterprises in the art and cultural sector are provided a clearer legal framework that can reduce uncertainties. Moreover, new challenges for compliance structures in the art trade are foreseeable.
Source and Ongoing Proceedings
The decision was rendered in case C-227/23 and is documented on the official website of the Court. References to ongoing national proceedings or specific individual cases are – as always – to be assessed with regard to the presumption of innocence.
Legal Issues in the Protection of Cultural Property
The current ECJ ruling illustrates the significant requirements under Union law for the protection and restitution of cultural property. In legal matters concerning the assessment, acquisition, safeguarding or return of cultural goods within the EU, consultation with experienced lawyers can help clarify the rights and obligations involved.
The lawyers at MTR Legal, active throughout Germany and internationally, are available as contacts for companies, investors, and private individuals on complex issues relating to art law and the protection of cultural property.
