The National Court forced the State to purchase the 15th-century painting ‘Doctors of the Faith’, belonging to the former altar of the Oña (Burgos) Monastery Church, at a price almost six times higher (57,000). Euro) is more than the amount determined in the decision of the Ministry of Education, Culture and Sports. There was the state He exercised his right to purchase the work after canceling its export to France so that it could be auctioned.
The events date back to December 22, 2016, when the World Pack-Art company, representing the French auction company Kapandji Morhangue, requested permission from the Minister of Culture to export the work to Paris. “Doctors of Faith”, oil painting on panel, belonging to the 15th century Catalan school, measuring 60 x 180 centimeters.
The General Assembly of the Board for the Quality, Valuation and Export of Spanish Historical Heritage Assets requested a report on the work from the Prado Museum to determine whether it can give the green light to the operation. On February 16, 2017, the Madrid art gallery sent a report in which, on the contrary, it recommended that the export permit be refused. “This would represent a significant loss to our common historical heritage.”
old altar piece
Experts argued that they rejected the origin of the works in question (the former main altar of the church of the Convent of San Salvador de Oña, dismantled and dispersed since the 18th century) and the figure of its author, Juan Sánchez. “The painter who stands out in the transition to the international style Hispano-flamenco in 15th-century Burgos painting”.
Thereupon, the General Director of Fine Arts and Cultural Heritage rejected the export permit with his decision dated 17 February 2017, and by applying the provisions of the article, an irrevocable sales offer file was initiated by the Administration with the Ministerial Decree. Article 33 of the Historical Heritage Law. Since it is the price specified in the export request, the total amount to be paid by the Administration will be 10,000 Euros.
In parallel, the same company, World Pack Art, also requested permission to export “Chinese polychrome porcelain bowl and presentation hall from the 18th Century India Company”, but this too was denied. In this case, a report came from the National Museum of Decorative Arts. He justified the refusal by saying “These were fine examples of porcelain production carried out by the Indies Company in China in the 18th century and intended to be marketed in Europe. “They imitate models made by some European manufacturers, such as Meissen, which are not represented in Spanish collections, and this makes them pieces of special interest for our historical heritage.”
Thereupon, in March 2017, the General Director of Fine Arts and Cultural Heritage rejected the export permit and the process of purchasing the work began with the decision of the Ministry of Culture. in this case 300 euros, which was the price stated in the export application.
resources
The affected company is primarily annul the decision banning exports It was stated that since the defense rights were blocked and the sale had to be made, the prices of the works would be 72,000 euros and 900 euros, respectively, which were the values accepted by the company that owned them. have.
According to the plaintiff, the price that the State wants to pay is completely “arrogant” and this will mean “unfair enrichment” for the Administration. During the judicial process, an art restorer submitted a report evaluating each of them. Four panels or panels make up the 18,000 Euro study.An evaluation was made “in line with the Administration’s Technical Report and the Forensic Expert’s expert report.”
expert report
Finally, the National Court did not approve the report because it did not explain how it reached this conclusion, but Yes, he accepted the report of the expert appointed during the judicial process, He is a graduate of Art History with experience appraising works for prestigious auction houses, including Durán Arte y Subastas in Madrid.
According to this expert, Spanish artistic painting, Uptrend in international market and for this procedure he had followed a comparative method with other sold antique works that might be similar to the work examined. Using these parameters, he valued the works at 57,000 euros and 800 euros respectively.
Based on this report, in its decision dated October 9, 2023, available to El Periódico de España from Grupo Prensa Ibérica, the National Court forced the General Directorate of Historical Heritage to notify the affected party of the decisions. It was decided that the export would be canceled and a new decision would be issued for the purchase of the works in question by the State for 57 thousand euros and 800 euros.
Despite this disruption experienced by the Ministry of Culture, which suspended the transfer of the works to France, the company in question managed to export hundreds of works of art that were put up for auction in Paris in March 2017. It looks like it comes from “a palace collection in Spain.”