A pastel painting by French artist Edgar Degas has become the centre of a prolonged legal dispute over a Jewish couple's art collection looted by the Nazis in 1935. The work, titled Danseuses, belonged to Margret and Ludwig Kainer before it was seized and sold during the Nazi era. After passing through art dealers and galleries in the international art market, the painting was sold privately for $6 million in 2009 before fetching $10.7 million at a Christie's auction in New York. The couple's purported heirs have challenged the transactions, arguing that their inheritance rights were overlooked. On June 4, 2026, a New York appellate court lifted a years-long pause on their lawsuit against Christie's, allowing the case to proceed.
Nazis looted the Degas painting in 1935
Danseuses was part of the art collection owned by Margret and Ludwig Kainer, a Jewish couple who left Germany in 1932 as the Nazi regime rose to power. In 1935, their collection, comprising more than 400 artworks, was looted by the Nazis and sold at an auction in Berlin on May 31 that year. The Degas painting subsequently passed through the international art market, with its documented history including dealers and galleries in London and Japan. Decades later, its ownership became the subject of a dispute involving the Kainers' purported heirs and a Swiss foundation that claimed rights to the family's assets.
Who inherited the Kainers' estate?
Ludwig Kainer died before his wife. Margret died in France in 1968 without children or a will, leaving questions about who was legally entitled to her estate. A Swiss foundation, Norbert Stiftung, later claimed rights to assets associated with the Kainer family. Its position relied partly on a German certificate of partial inheritance issued in 1972. People identifying themselves as Margret's heirs subsequently challenged the foundation's claim. They rely on French certificates of inheritance issued in 2012 and argue that they are the lawful successors to her estate. The purported heirs allege that UBS and its predecessors helped establish and control the foundation, which they say was wrongly treated as entitled to the family's assets.
How the Degas painting sold for $10.7 million
In 2009, Christie's facilitated an agreement with Norbert Stiftung under which the foundation relinquished its claim to the painting in exchange for a share of the proceeds. The painting was sold privately for $6 million in November 2009, with the foundation receiving $1.8 million under the agreement. Shortly afterwards, it was offered at Christie's auction in New York on November 3, 2009, where it fetched $10,722,500. The purported heirs argue that the transactions took place without their inheritance rights being properly recognised. They challenge the foundation's authority to relinquish its claim and have pursued legal action over the handling and sale of the painting.
Why the heirs sued Christie's
The purported heirs began legal proceedings in 2013 against UBS, Norbert Stiftung and Christie's. Their case centres on whether the foundation had legitimate rights to the painting and whether the transactions excluded the people who say they inherited Margret's estate. The heirs contend that Christie's helped facilitate the sale despite questions surrounding the foundation's claim. Christie's has disputed the plaintiffs' position that they are the lawful heirs entitled to pursue the case. In 2017, a New York court dismissed the claims against UBS and the foundation on jurisdictional grounds and paused the proceedings against Christie's while inheritance-related proceedings in Europe continued. The dismissals against UBS and the foundation were subsequently upheld on appeal, while the case against Christie's remained on hold.
Why a New York court lifted the stay in 2026
On June 4, 2026, New York's Appellate Division, First Department, ruled that the stay on the case against Christie's should be lifted. The decision, published as Estate of Margaret Kainer v Christie's Inc., 2026 NY Slip Op 03506, reversed a lower court's 2025 order and sent the matter back for further proceedings. The appellate court noted that the stay had lasted approximately nine and a half years. It expressed concern that further delays could make it increasingly difficult for the plaintiffs to reconstruct the events surrounding the 2009 transactions, particularly as some people involved had died or were elderly. The court also considered the lack of a clear timeline for the conclusion of the Swiss proceedings and the public interest in resolving claims involving Nazi-looted art fairly and without unnecessary delay.
Where is the Degas painting now?
The painting is listed in the Degas catalogue raisonné as belonging to a private collection. Its current owner and exact location have not been publicly identified in the available records. Its documented history includes the Kainers' collection in Germany, the 1935 Nazi-era auction, subsequent dealings through the international art market and the multimillion-dollar transactions in 2009.
What happens next in the legal battle?
The case against Christie's can now move forward in the New York trial court, where the parties may seek evidence relating to the painting's ownership history and the 2009 transactions. Key questions include whether the purported heirs are legally entitled to Margret Kainer's estate, whether Norbert Stiftung had authority to relinquish its claim to the painting, and whether Christie's bears legal responsibility in connection with the transactions.
