Romania sues Christie’s auction house to return Old Masters painting it claims was stolen by former king

A Battle for Cultural Heritage: Romania’s Quest to Reclaim a Stolen El Greco Masterpiece

The world of art and diplomacy has been shaken by a high-stakes legal battle unfolding in New York. The Romanian government has filed a lawsuit against Christie’s auction house and Russian billionaire Dmitry Rybolovlev to halt the sale of a rare and invaluable painting, San Sebastian, created by the legendary Greek artist El Greco between 1610 and 1614. The painting, estimated to be worth $9 million, was set to be auctioned off in February 2025, but its sale has been halted following Romania’s claims that the artwork was stolen decades ago by the last king of Romania, King Michael I. This case highlights the complexities of art ownership, the importance of cultural heritage, and the enduring legacy of historical injustices.

A Historical Legacy Tarnished by Controversy

The story of San Sebastian is deeply intertwined with Romania’s national history. The painting was once part of a prestigious art collection assembled by Romania’s first monarch, King Carol I, in the late 19th century. In 1899, King Carol I bequeathed his entire collection, including several works by El Greco, to the Romanian Crown, with the condition that the artworks would remain in the country as a national treasure. After King Carol I’s death in 1914, San Sebastian became part of Romania’s national gallery, a symbol of the nation’s rich cultural and artistic heritage. However, the painting’s fate took a dramatic turn in 1947, when King Michael I, the last ruler of Romania, allegedly removed San Sebastian and about 40 other artworks from the royal palace and transferred them to a Swiss bank account.

This controversial act occurred just before the communist takeover of Romania, which led to the abolition of the monarchy and forced King Michael I to abdicate. The Romanian government claims that the king had no legal right to remove the painting, as it was the property of the Crown and thus belonged to the state. The lawsuit alleges that the painting was stolen and that its subsequent sale and ownership were illegitimate. San Sebastian resurfaced decades later, passing through various owners, including a Manhattan gallery and eventually Dmitry Rybolovlev, the Russian billionaire at the center of the current legal dispute.

Christie’s and the Question of Provenance

Christie’s, one of the world’s most prestigious auction houses, initially listed San Sebastian for sale, touting its historical significance and offering it for an estimated $9 million. However, the auction house faced swift legal action from the Romanian government, which argued that the painting’s provenance was marred by its alleged theft in 1947. Christie’s, known for its rigorous provenance research, pulled the painting from the auction just days before the sale, acknowledging the government’s claims. In a statement, Christie’s emphasized its commitment to ensuring the legal and ethical sale of artworks, stating that it only offers items it believes have a clear and legitimate title.

Despite Christie’s decision to withdraw the painting from the auction, the legal battle is far from over. The Romanian government is demanding the painting’s return, while Rybolovlev and his representatives have refused to relinquish ownership. The lawsuit filed in Manhattan Supreme Court accuses Christie’s and Rybolovlev of failing to properly investigate the painting’s history and ignoring evidence of its rightful ownership by the Romanian state. The case has brought attention to the challenges of tracing the ownership of artworks, especially those that have been displaced during times of political upheaval.

A Billionaire, a King, and a Legacy of Dispute

Dmitry Rybolovlev, a Russian oligarch with a vast art collection valued at over $2 billion, is at the center of the controversy. The lawsuit claims that Rybolovlev acquired San Sebastian through a trust and that the painting’s sale to him was improper. Rybolovlev’s attorneys have not responded to requests for comment, but the billionaire has a history of legal battles in the art world. In a previous case, he sued another prominent auction house, Sotheby’s, for fraud, though the case ultimately failed.

Meanwhile, the legacy of King Michael I, who passed away in 2017, has come under scrutiny. The Romanian government alleges that the king’s actions in 1947 were illegal and that he had no authority to remove the painting from the national gallery. The lawsuit also disputes Christie’s provenance, which suggested that the painting was legally transferred to King Michael I with the “accord” of the Romanian government. The Romanian government claims that no such agreement existed and that the painting has always remained the rightful property of the state.

The Ongoing Fight for Cultural Repatriation

This legal battle is not an isolated incident but part of a long-standing effort by Romania to reclaim its stolen cultural treasures. The Romanian government first initiated efforts to recover San Sebastian in 1948, shortly after the communist takeover, but previous attempts to retrieve the painting failed due to jurisdictional and technical challenges. The new lawsuit, however, argues that these earlier dismissals did not address the merits of Romania’s ownership claim.

The case has also sparked broader debates about the repatriation of cultural artifacts and the ethical responsibilities of auction houses and collectors. Advocates for Romania argue that San Sebastian is not just a valuable painting but a piece of the nation’s identity, and its return would be a victory for cultural justice. On the other hand, Rybolovlev and his legal team maintain that the painting’s ownership is legitimate and that the Romanian government’s claims are unfounded.

As the legal battle continues, one thing is certain: the fate of San Sebastian will have far-reaching implications for the art world and international laws governing cultural property. Whether the painting ultimately returns to Romania or remains in private hands, its story serves as a reminder of the complex and often fraught history behind some of the world’s most treasured artworks.