Restituting “Le Chemin des Bois à Ville-d'Avray”: Confronting the Legacy of Nazi-Era Art Sales

Portrait of Alfred Sisley by Renoir, 1864, Wikimedia Commons

Decades after World War II, the repercussions of Nazi-era art looting continue to unfold. Following some recent provenance research, the Kunstmuseum Bern in Switzerland relinquished Le Chemin des Bois à Ville-d'Avray by English painter Alfred Sisley, a move that underscores a larger conversation regarding cultural institutions’ responsibility to maintain public trust through accountability and transparency — especially during and after times of war.

Le Chemin des Bois à Ville-d'Avray was originally owned by Jewish entrepreneur Carl Sachs, who sold it to Swiss art dealer Theodor Fischer in 1940 while fleeing Nazi persecution. In 1994, the Kunstmuseum Bern acquired the work as a bequest through private ownership, unaware of any concerning circumstances surrounding the sale between Sachs and Fischer. Although Fischer appeared on the list of “red flag” names to be consulted as a part of World War II-era provenance research, the list was not yet routinely in use at the time the Kunstmuseum Bern acquired the painting.  

However, in 2018, Sachs’ heirs registered the artwork in the Lost Art database, prompting the museum to launch a more thorough provenance investigation. The investigation revealed that Sachs had sold the painting to Fischer to raise 100,000 francs, which he needed to secure Swiss citizenship. Fischer, who had ties to the Nazi regime, is also believed to have been aware of Sachs’ vulnerable position as a Jewish refugee.

As a result of these findings, the museum categorized the painting as “Yellow Red,” a designation indicating that the work is marked by suspicious or problematic circumstances — typical of art confiscated during the Nazi-era. The Kunstmuseum Bern has since relinquished ownership of the painting, and a resolution is currently underway with Sachs’ heirs in accordance with the Washington Principles, which provided a framework for identification of and resolution regarding Nazi-looted art, and the Terezin Declaration, which expanded on the Washington Principles to address, among other issues, forced sales.

Sachs’ story raises important ethical and legal questions about museums’ responsibilities when faced with newly uncovered — or newly disclosed — provenance and reflects the importance of acknowledging historical injustices. While it’s unclear whether the Kunstmuseum Bern’s decision will set a precedent or remain an isolated example, it does mark progress and serve as a model for how other museums and cultural institutions could address similar provenance findings.

Institutions starting or updating their provenance research programs should at a minimum:

• Conduct extensive due diligence on all potential acquisitions;

• Review, verify, and expand upon the provenances of works in permanent collections, with a focus on filling in gaps in ownership history;

• Publish provenances to build transparency and trust with the public;

• Ensure that beyond art that was directly stolen or plundered, the complexities associated with other types of misappropriation, such as forced sales or those otherwise occurring under duress, are also thoroughly investigated;

• Investigate further when problematic provenance is discovered, paying particular attention to any gaps from 1933-1945 and/or the presence of “red flag” names.”

By embracing these practices, cultural institutions can ensure that their collections are carefully and continually vetted as new evidence of historical injustice emerges.

About Victoria Sears Goldman

Partner and co-founder Victoria Sears Goldman, Ph.D., has more than 10 years of experience conducting provenance, art historical, and art market research. Most recently, she worked as a senior director and the lead practitioner in the art risk practice at a leading global risk advisory and investigations firm. Prior to that, Victoria was the provenance researcher at the Cleveland Museum of Art, where she investigated the ownership histories of approximately 150 paintings and sculptures in the museum’s permanent collection. Victoria’s wealth of experience led her to be called as an expert witness in the high-profile Knoedler trial. Read more about Victoria’s career here.