The National Court ordered the State to purchase the fifteenth‑century painting Doctors of the Faith, once part of the former altar at the Oña Monastery Church in Burgos, for a price nearly six times higher than the sum set by the Ministry of Education, Culture and Sports. The state exercised its right to buy the piece after blocking its export to France so it could be tendered for sale within the country.
The events trace back to December 22, 2016, when World Pack-Art, acting for the French auction house Kapandji Morhangue, sought permission from the Culture Minister to export the work to Paris. Doctors of Faith, an oil on panel from the fifteenth‑century Catalan school, measures 60 by 180 centimeters.
The General Assembly of the Board for the Quality, Valuation and Export of Spanish Historical Heritage Assets asked for a report from the Prado Museum to assess whether export approval could be granted. On February 16, 2017, the Madrid gallery submitted a report recommending that export be refused, noting that such a decision would mean a substantial loss to the nation’s shared historical heritage.
old altar piece
Experts questioned the provenance of the artworks, tied to the former main altar of the Convent of San Salvador de Oña, which had been dismantled and dispersed since the eighteenth century, and questioned the attribution to Juan Sánchez, a painter who stands out during the transition to the Hispano‑Flamenco style of fifteenth‑century Burgos painting. The report suggested that the artist’s association with the piece did not justify export.
Subsequently, the General Director of Fine Arts and Cultural Heritage rejected the export permit with a decision dated February 17, 2017, initiating an irrevocable state purchase file under Article 33 of the Historical Heritage Law and applying the terms of the export request, which set the total payable amount by the Administration at 10,000 euros.
In parallel, World Pack Art also sought permission to export a Chinese polychrome porcelain bowl and an 18th‑century India Company presentation hall, but this request was denied as well. A report from the National Museum of Decorative Arts argued that these porcelain pieces were high‑value examples from the Indies Company that echoed Meissen models not represented in Spanish collections, making them important for Spain’s historical heritage.
In March 2017, the General Director of Fine Arts and Cultural Heritage again rejected the export permit, marking the start of the process of purchasing the work by the State, with the Ministry of Culture’s involvement and a stated price of 300 euros in the export application.
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The affected company primarily challenged the export ban, arguing that the defense rights were blocked and the sale should proceed. They claimed the works would fetch 72,000 euros and 900 euros, values they asserted were accepted by the owner. The plaintiff labeled the state’s proposed price as arrogant and warned it would amount to unfair enrichment for the Administration. During the judicial process, a restorer prepared a two‑part evaluation totaling 18,000 euros, offered in line with the Administration’s technical report and the expert forensic assessment.
At the expert level, the court did not accept the initial report because it failed to explain its methodology. It did, however, accept the report produced by a court‑appointed expert, a graduate in Art History with experience valuing works for major auction houses including Durán Arte y Subastas in Madrid.
That expert concluded that Spanish painting had an upward trend in the international market and used a comparative method with similar works that had changed hands at auction. With these parameters, the pieces were valued at 57,000 euros and 800 euros sequentially.
Relying on this report, the National Court, in a ruling dated October 9, 2023 and accessible to El Periódico de España from Grupo Prensa Ibérica, required the General Directorate of Historical Heritage to inform the affected party of the final decisions. The export was canceled, and a new decision was issued to purchase the works for 57,000 euros and 800 euros by the State.
Despite the Ministry of Culture facing disruption as it suspended the transfer to France, the company in question managed to export hundreds of artworks that had been placed in Paris auctions in March 2017, suggesting they originated from a Spanish palace collection.
[Citation: El Periódico de España, Grupo Prensa Ibérica, 2023] [Citation: Ministerio de Cultura, informes oficiales, 2017‑2023] [Citation: Prado Museum, report on export feasibility, 2017]