The shadowy sale of three significant 20th-century American paintings on permanent loan to Berlin’s State Museums has sparked an international outcry. The paintings were initially lent to the Prussian Cultural Heritage Foundation (SPK) by the late property developer and art collector Erich Marx. They were later consigned for sale at Gagosian in New York.
Marx, who passed away in 2020 at the age of 99, left several Andy Warhol pieces, including the ‘Ten-Foot Flowers (1967)’, Do It Yourself (Seascape) (1962), and Cy Twombly’s Empire of Flora (1961). All three were on permanent loan to the SPK. These works were part of the venerated Marx Collection, on display at the Hamburger Bahnhof Museum in Berlin since the 1990s.
A report by German art historian Hubertus Butin in the Frankfurter Allgemeine Zeitung revealed that a 2014 loan agreement between Marx and the SPK explicitly prohibited the removal or sale of these works. Although the SPK have stated that the works were placed in the care of the lenders after curatorial examination by the SPK and with the involvement of the federal cultural ministry and that there was no explicit prohibition of removal or sale of the works mentioned. Despite this, the care of the three paintings was transferred to Marx’s heirs in the spring of 2022. This transfer, confirmed by SPK President Hermann Parzinger, eventually led to their sale at Gagosian.
The SPK defended the transfer, citing it was in line with the loan agreement and approved by the Cultural Property Protection Act. However, Butin alleges that the transfer coincided with a “generous gift” of eight works by Joseph Beuys to the Nationalgalerie in Berlin from the Marx Collection. This transfer of the three works has raised eyebrows and sparked accusations of secrecy and potential misconduct.
Critics, including Butin, argue that the SPK had the authority to veto the removal of the paintings, aligning with Marx’s wishes. Butin contends that Parzinger’s actions and the lack of clear communication about the transaction have led to significant questions within the Berlin art community regarding the SPK’s true interests.
Erich Marx, a prominent figure in the art world, was known for lending over 200 works, including several important Warhols, to the National Gallery in Berlin. The collection also features works by Joseph Beuys, Anselm Kiefer, Robert Rauschenberg, Cy Twombly, and Andy Warhol. His dedication to the arts transformed public displays of contemporary art in Germany. Marx’s collection, housed at the Hamburger Bahnhof—Museum für Gegenwart, was pivotal in establishing Berlin as a centre for modern art.
The SPK’s decision to transfer the care of the three works from the loan back to the family and their subsequent sale has stirred controversy and highlighted the complexities and sensitivities surrounding art loans, bequests, and the stewardship of cultural heritage. The art community awaits further developments and clarification on this contentious issue.
Erich Marx (1921-2020) was a prominent German art collector and philanthropist known for his significant contributions to contemporary art. Born in the Baden region of western Germany, Marx initially studied law and worked as a legal advisor for Berda Verlag, a German publishing company. In 1967, he shifted his career path by founding his own real estate and property development company, which focused on building hotels, clinics, and rehabilitation centres. Marx’s success in business provided him with the resources to amass one of the world’s most important collections of postwar and contemporary art.
In the 1990s, Marx donated a substantial portion of his collection to the Nationalgalerie in Berlin, significantly enhancing the public display of contemporary art in Germany. This collection was showcased at the Hamburger Bahnhof – Museum für Gegenwart, a museum that Marx played a crucial role in establishing.
Marx’s dedication to art extended beyond his collection. He was instrumental in developing the Museum of the 20th Century in Berlin, which was set to house parts of his collection and focus on 20th-century art.
Erich Marx’s legacy in the art world is marked by his passion for contemporary art, his transformative donations, and his enduring impact on Berlin’s cultural landscape.
Top Photo: Erich Marx In Front of a Portrait by Andy Warhol Courtesy Culture.pl The Adam Mickiewicz Institute,