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Republic of Austria v. Altmann
''Republic of Austria v. Altmann'', 541 U.S. 677 (2004),〔https://supreme.justia.com/cases/federal/us/541/677/ Full text of the opinion from Justia.〕 was a case in which the Supreme Court of the United States held that the Foreign Sovereign Immunities Act, or FSIA, applies retroactively. It is one of the most recent cases that deals with the "anti-retroactivity doctrine", which is a doctrine that holds that courts should not construe a statute to apply retroactively (to apply to situations that arose before it was enacted) unless there is a clear statutory intent that it should do so. This means that, regarding lawsuits filed after its enactment, the FSIA standards of sovereign immunity and its exceptions apply even to conduct that took place before 1976.
The result of this case for the plaintiff, Maria Altmann, was that she was authorized to proceed with a civil action against Austria in a U.S. federal district court for recovery of five paintings stolen by the Nazis from her relatives and then housed in a government museum. As the Supreme Court noted in its decision, Altmann had already tried suing the museum before in Austria, but was forced to voluntarily dismiss her case because of Austria's rule that court costs are proportional to the amount in controversy (in this case, the enormous monetary value of the paintings). Under Austrian law, the filing fee for such a lawsuit is determined as a percentage of the recoverable amount. At the time, the five paintings were estimated to be worth approximately US$135 million, making the filing fee over US$1.5 million. Although the Austrian courts later reduced this amount to $350,000, this was still too much for Altmann, and she dropped her case in the Austrian court system. Justice Stephen Breyer, in his concurring opinion, emphasized that the Court was dealing purely with the FSIA retroactivity issue and not with "any legal determination about the merits of Austrian legal procedures."
As a result of the Court's decision, both parties agreed to arbitration in an Austrian court in 2005, which in turn ruled in favor of Altmann on 16 January 2006.
==Case==
Adele Bloch-Bauer, the subject of two of the paintings, had written in her last will: ''"Meine 2 Porträts und 4 Landschaften von Gustav Klimt, bitte ich meinen Ehegatten nach seinem Tode der österr. Staats-Galerie in Wien zu hinterlassen;"'' that is, "I ask my husband to bequeath my 2 portraits and the 4 landscapes by Gustav Klimt to the Austrian State Gallery in Vienna after his death." Ferdinand Bloch-Bauer signed a statement acknowledging Adele's wish in her last will. He also donated one of the paintings to the Belvedere Gallery in Vienna in 1936.〔http://www.adele.at/Klage_von__Dr__Stefan_Gulner_m/Vorgelegte_Urkunden/Testament_vom_19_1_1923_von_Ad/testament_vom_19_1_1923_von_ad.html 〕 However, in a controversial ruling, the Austrian Supreme Court determined that Adele was probably never the legal owner of the paintings. Rather, it viewed it as more likely that Ferdinand Bloch-Bauer was their legal owner and that in turn Altmann was the rightful heir of Ferdinand's estate.
抄文引用元・出典: フリー百科事典『 ウィキペディア（Wikipedia）』
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