
Bernardo Bellotto “The Marketplace at Pirna”
In 2021, the Monuments Men and Women Foundation (then Monuments Men Foundation) uncovered new evidence indicating that Bernardo Bellotto’s The Marketplace at Pirna, currently owned and displayed by the Museum of Fine Arts, Houston, was a painting sold under duress during the Nazi era and rightfully belongs to the heirs of Dr. Max J. Emden.
AT A GLANCE...
Object:
The Marketplace at Pirna (c. 1764) by Bernardo Bellotto
Circumstances of Loss:
In June 1938, facing financial distress due to racial persecution by the Nazi regime, German Jewish businessman Dr. Max J. Emden sold three Bellotto paintings—including The Marketplace at Pirna—to Karl Haberstock, Hitler’s art dealer, who purchased the works for the planned Führermuseum in Linz. In this context, the sale is widely understood to have occurred under duress as part of the broader effort by the Third Reich to dispossess Jewish persons.
Discovery and Research
Research conducted by the Monuments Men and Women Foundation focused on establishing whether The Marketplace at Pirna held by the Museum of Fine Arts, Houston was the same painting owned by the German Jewish collector Dr. Max J. Emden prior to World War II. Central to the research was the identification of historical markings on the painting, further completing and confirming its provenance.
A key discovery was the identification of the inventory number “1025” on the bottom right corner of the painting in Houston. This number corresponds to records and watercolor illustrations of an 18th-century collection of Leipzig banker and merchant Gottfried Winckler. Further archival evidence confirms that by 1930, this painting was in the possession of art dealer Anna Caspari, who sold it to Dr. Emden that year.
In June 1938, amid increasing racial persecution of Jewish persons by the Nazi regime, Dr. Emden sold The Marketplace at Pirna to dealer Karl Haberstock, who was acting on behalf of Hitler for the planned Führermuseum in Linz. This transaction was arranged by Caspari and occurred during a period when Dr. Emden was subjected to financial distress due to that persecution. There is no evidence that Dr. Emden received proceeds of the sale.
By August 1940, The Marketplace at Pirna—along with two other view paintings by Bellotto that Dr. Emden sold to Haberstock in the same transaction—was assigned a Linz number. It was included in Linz Album V, with the inventory number "F-35." This album was one of approximately thirty-one albums that contained images of the works of art that had been selected for the Führermuseum.
At the end of World War II, the Monuments, Fine Arts, and Archives section (MFAA) recovered The Marketplace at Pirna in the salt mine of Altaussee, Austria, along with thousands of other works of art destined for Hitler’s Führermuseum, including Emden's other two view paintings by Bellotto. The Marketplace at Pirna was assigned "Aussee No. 3060" and entered the Munich Central Collecting Point as "MCCP No. 4411" on July 15, 1945. On April 15, 1946, the painting was released from the Munich Central Collecting Point and shipped to the Netherlands under a Dutch restitution claim. On the basis of the information available at the time to the MFAA, which later proved to be incomplete, the painting was subsequently transferred to the German art dealer Hugo Moser rather than returned to Dr. Emden’s heirs. Moser had sought restitution of a painting after The Marketplace at Pirna of the same composition.
Further research traced the painting’s later provenance to the Samuel H. Kress Foundation, which acquired the work from Moser in 1952 and gifted it to the Museum of Fine Arts, Houston in 1961.
Comparative analysis of archival records and historical visual documentation of the painting confirms that The Marketplace at Pirna in the Museum of Fine Arts, Houston is the same work sold by Dr. Emden in 1938.
Restitution
In 2019, a German advisory commission on Nazi-looted art ruled that the other two Bellotto paintings from the same transaction between Dr. Emden and Haberstock were indeed sold due to persecution and should be returned to the Emden heirs by the German government—the two paintings had been transferred to the custody of the German federal government after the war. The commission at the time believed the third painting, the one in Houston, was lost, but also determined that it would have been eligible for restitution had its whereabouts been known at the time.
The Emden heirs filed a lawsuit in the US District Court for the Southern District of Texas in October 2021 to recover the painting from the Museum of Fine Arts, Houston. The court dismissed the lawsuit in May 2022 due to the Act of State doctrine. This doctrine prohibits a US court from adjudicating on the actions of a foreign government, in this case, the erroneous restitution of the painting by the Dutch Stichting Nederlands Kunstbezit (Netherlands Art Property Foundation, or SNK).
The case was then appealed to the US Court of Appeals for the Fifth Circuit. The court affirmed the lower court's decision in May 2024, agreeing that the Act of State doctrine applies in this case.
The rulings did not determine the ultimate rightful owner of the painting based on the merits of cases, but rather dismissed the case on the legal technicality that a US court cannot interfere with the sovereign acts of foreign nations through its rulings. The Marketplace at Pirna remains in the Museum of Fine Arts, Houston.
Press

Research on this project has been made possible, in part, by a grant from the National Endowment for the Humanities: Democracy demands wisdom.
Any views, findings, conclusions, or recommendations expressed in this project do not necessarily represent those of the National Endowment for the Humanities.
The Monuments Men Foundation would like to recognize and thank the various members at the following archives, whose timely assistance to our research team has been essential to our research efforts on this and other projects:
Haberstock-Archiv Stadt Augsburg, Kunstsammlungen und Museen
Expertisecentrum Restitutie van het NIOD Instituut voor Oorlogs-, Holocaust- en Genocidestudies, Amsterdam
Stadt Leipzig Stadtgeschichtliches Museum Leipzig
Stiftung Preussischer Schlösser und Gärten SPSG Potsdam
The Witt Library, Courtauld Institute of Art, London
Donate to our Restitution Fund
Our team receives leads of works of art on a daily basis and is committed to researching each one of them. Research can be very time consuming and expensive. Financial support can contribute to aiding professionals to our experienced team as well as off-set the costs involved with restitutions.
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