The Stiftung Kunstmuseum Bern decided on the claim by the heirs of Carl Sachs for the return of the painting Le Chemin des Bois à Ville-d'Avray (1879) by Alfred Sisley from its own collection.
The merchant and collector Carl Sachs (1858-1943) was one of those persecuted by National Socialism. Members of his family died in concen- tration camps. In February 1939, Carl Sachs and his wife Margarete Sachs managed to flee to Switzerland. There he sold the painting to the art dealer Theodor Fischer in September 1940.
The Stiftung Kunstmuseum Bern has decided to relinquish ownership of the painting. Ac- cording to the findings of provenance research, there are anomalies in connection with the sale in Switzerland.
On 20 August 2018, the heirs of Carl Sachs (1858 - 1943) published a wanted notice in the Lost Art database for a painting by Alfred Sisley from 1879: "Alfred Sisley, La Chaussee de Sévres [sic] (Le chemin des Bois a ville-d'avray [sic], 1879, oil, painted, 50 x 61 cm, inscr. a. dat. r. u.: Sisley 79 // Daulte, Sisley 1959, no. 321 // Provenance: Charles Bonnemaison-Bascle Paris until 1896, Charles Viguier Paris until 1906, Carl Sachs Breslau, Galerie Fischer Lucerne 14.05.1940, Fritz Nathan Zurich, Hedwig Vatter-Steiger Bern (Lost Art-ID 578881)".
In 2023, the Kunstmuseum Bern carried out provenance investigations into the painting Le chemin des bois à Ville-d'Avray (1879) by Alfred Sisley, which entered the collection as a bequest from pri- vate ownership in 1994. On 28 February 2024, the heirs of Carl Sachs submitted a claim for the re- turn of the painting to the Stiftung Kunstmuseum Bern.
Since then, the Stiftung Kunstmuseum Bern has been in an open dialogue with the representatives of the community of heirs of Carl Sachs. The aim of the collaboration is to develop a joint assessment of the findings available to date as the basis for a solution that both sides consider to be just and fair in accordance with the Washington Principles (1998) and the Terezín Declaration (2009).
Carl Sachs and his wife Margarete Sachs were among those persecuted by the Nazi regime. Due to the racial ideological persecution, they suffered an almost complete loss of assets as a result of state plundering and were forced to flee to a third country in February 1939. Members of the family died in concentration camps. From February 1939, Carl Sachs and Margarete Sachs lived in Switzerland with temporary residence rights.
On 27 September 1940, Carl Sachs sold the painting to the art dealer Theodor Fischer, Lucerne. The motive for the sale was evidently to earn a living and to secure his right of residence in Switzerland by providing and securing a loan of 100,000 Swiss francs. This constitutes a sale that can be traced back to the persecution by the National Socialist regime.
In the view of the Stiftung Kunstmuseum Bern, whether this gives rise to a need for action on the part of the current owner depends on the behaviour of the former buyer in connection with the change of ownership. In particular, whether the behaviour of the buyer stands up to scrutiny from the point of view of fairness and transparency, namely with regard to the negotiation situation, ex- change ratio (price) and execution of the contract.
The art dealer Theodor Fischer knew about Carl Sachs' situation, who had to sell works of art that he had brought to Switzerland in order to secure his livelihood. Given that Theodor Fischer maintained business relations with the Nazi regime, it must be assumed that he not only knew about the system- atic confiscation of assets and persecution of the Jewish population but was also aware of Carl Sachs' specific situation of persecution and his life in exile.
The awareness of Carl Sachs' existential vulnerability leads to increased duties of care for the buyer. After analysing all the available findings, there are anomalies in connection with the sale of the work.
Following the appraisal by external experts (expert review), the Stiftung Kunstmuseum Bern assesses the limited knowledge of the painting as being burdened by indications or suspicious circumstances: Category "Yellow-Red", provenance categories of the Stiftung Kunstmuseum Bern (Berner Ampel 2025).
The collaboration with the heirs of Carl Sachs was and is characterised by mutual openness and a willingness to talk. The independently compiled research results are recognised by both parties inso- far as they reflect the current state of knowledge. Neither party is currently aware of any further re- search avenues.
The Stiftung Kunstmuseum Bern became the owner of the work in 1994 through a bequest. There is no evidence that the testator was aware of the special circumstances surrounding the sale of the work by Carl Sachs. The presumption of bona fide acquisition and lawful ownership by the testator therefore applies. In the course of finding a solution, this circumstance must be considered appropri- ately out of respect for the testator and his heirs.
In the case of works in the "Yellow-Red" category, the Stiftung Kunstmuseum Bern endeavours to reach an amicable, fair and equitable solution with the claimants. There are no limits to the possible forms of solution and the surrender of ownership or transfer of the work is expressly not excluded.
Against this backdrop, the Stiftung Kunstmuseum Bern has decided to relinquish ownership of the painting after comprehensive appraisal and consideration. An amicable solution is to be worked out together with the heirs of Carl Sachs and the heirs of the bequeathed.
Anna Melnykova, "Palace of Labor (palats praci), architector I. Pretro, 1916", shot with analog Canon camera, 35 mm Fuji film in March 2022.
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