Judgment concerning Italy
In the case of The J. Paul Getty Trust and Others v. Italy the Court held that there had been no violation of the right to protection of property.
The case concerned a confiscation order, issued by the Italian authorities, aimed at the recovery of a cultural heritage object, specifically the Victorious Youth, a bronze statue dating from the classical Greek period. The statue, which had been allegedly illegally purchased by the J. Paul Getty Trust, is currently housed at the Getty Villa Museum in Malibu (USA). The Italian authorities acted with the purpose of recovering an unlawfully exported piece of cultural heritage.
The Court reiterated that the protection of a country’s cultural and artistic heritage was a legitimate aim for the purposes of the Convention. The Court further held that owing to the Getty Trust’s negligence or bad faith in purchasing the statue despite being aware of the claims of the Italian State and their efforts to recover it, the confiscation order had been proportionate to the aim of ensuring the return of an object that was part of Italy’s cultural heritage.