Sotheby’s Just Lost Its Lawsuit Against Greece Over an 8th-Century Horse Statue—and the Decision May Have Lasting Implications for the Trade

The ministry of culture in Greece has won a court ruling over
Sotheby’s that may leave lasting effects on the antiquities
market.

The case revolves around an 8th-century Greek equestrian
statue that was slated to sell in a May 2018 Sotheby’s auction from
the collection of Howard and Saretta Barnet. A day before the sale
was to take place, the Greek ministry contacted the auction house
claiming that the item, which was estimated to go for
between $150,000 and $250,000, was of dubious provenance and
should be returned to Greece.

After withdrawing the lot—which once passed through the hands of
the disgraced art dealer Robin Symes, a major
player in the looted antiquities market—Sotheby’s and the
collection’s heirs hit back, demanding that Greece provide evidence
that the work was traded illicitly, which the country was not able
to do.

They also filed a suit against
Greece, claiming that it acted “without lawful justification,”
and sought a declaratory judgment that the bronze horse was
“acquired lawfully and in good faith by the late Howard Barnet.”
The request also sought a ruling that Greece had no ownership
rights and that Sotheby’s could “lawfully” sell the work.

But on June 9, the United States Court of Appeals for the Second
Circuit issued a ruling in favor of Greece, stating that the
country was immune from such legal charges because it was not
acting out of commercial interests.

“The Barnet decision will have a positive effect on the
antiquities market,” says Leila Amineddoleh, a lawyer for Greece
who was involved in the case.

“New York courts have long sought to protect the marketplace
from being flooded with looted or stolen goods, and the Second
Circuit’s decision enables foreign governments to continue
communicating with art market participants to prevent the sale of
illicit goods and protect consumers.”

She says it would be “troubling for auction houses or dealers to
prevent foreign governments from inquiring about suspicious items
on the market due to fear of litigation.”

In a statement, a Sotheby’s spokesperson said: “While we
are disappointed with yesterday’s decision, it does not impact what
is at the heart of this matter—there is, and remains, no evidence
to support Greece’s claim to ownership of the bronze sculpture. We,
together with our client, are reviewing next steps.”

The case marks the first time an auction house in the US
has sued a foreign government for communicating concerns over an
antiquity, but it has not been the last. In November 2019,
the Safani gallery in New York sued Italy over its
attempt to have a bust of Alexander the Great returned to the
country.

The post Sotheby’s Just Lost Its Lawsuit Against Greece Over
an 8th-Century Horse Statue—and the Decision May Have Lasting
Implications for the Trade appeared first on artnet
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