ART LOVER ACCUSED OF ILLEGALLY EXPORTING £10M PAINTING, PURCHASED FOR £3,500

Kathleen Simonis purchased a painting by Giotto, titled ‘Madonna and Child’ for £3,500, overseas to Britain. Simonis has been accused of spiriting this painting, which dates back to 1297, and is now facing a High Court bid by the Italian government. The Italian Ministry of Culture state that Simonis has in fact, no valid license to export the painting. Ben Jaffey QC (Blackstone Chambers), representing the Italian Ministry stated to Mrs. Justice Carr, ‘the painting was spirited out of Italy;’ then further stating that Ms. Simonis payed 8 million lira (£3,500) for the painting at an auction in 1990. During the painting restoration in the 1990s, layers of paint were removed – revealing the work of the Florentine Master (who died in 1337); since this, the painting has been attributed to Giotto. However, before its restoration, the painting was viewed merely as a Giotto imitator. Now being, valued at £10 million, the painting is regarded as an Italian National treasure, and has been the subject of extensive litigation in the Italian courts. 

Ms. Simonis had applied to The Art Council England for a license to export the painting out of the EU, but this was quashed in 2015. Jaffey stated that Ms. Simonis had been previously granted a temporary license of five-years to export in 1999 which had expired in 2004. In response to this, Aidan O’Neil QC (Matric Chambers), argues Ms. Simonis’ license was no valid when the painting was exported to London, making no difference to her rights. He added: 'As a matter of directly effective EU law, she has a right to transfer her property from one member state to another. That is in the very DNA of EU law.'  O’Neil goes on to say, the Italian government’s stance that the export to London being ‘unlawful’ is ‘incompatible with EU Law,’ in relation to Articles 34-36. Where an individual has the right to the freedom of movement of their personal goods. Jaffey responded to this by stating: 'The painting is currently in storage in London. It is here because Ms. Simonis spirited it out of Italy...She did not tell the Italian cultural authorities on her plan to remove the painting until after it had arrived in London.’ He added to this that The Arts Council England only has the power to sanctions the painting’s export outside of the EU, if it was ‘lawfully dispatched’ from Italy to the UK in the first place.

The Hearing Continues.