Art Collections and Private International Law – The Case of the Esterházy Treasures

In the Esterházy case, the plaintiff requested that Hungarian courts establish its ownership over cultural goods located in Hungary that had been part of the collection of the Fraknó castle of the aristocratic family through the centuries. History – through the removal of the goods from the castle; their nationalization; and the change of state borders – had an imprint on the legal status of the cultural goods concerned. By analyzing the case concerning cultural objects whose elements are located in different states but which once belonged to a single collection, this article sheds light on the practical difficulties related to the private international law treatment of such collections, and thereby intends to contribute to filling in a gap in the literature. The difficulties include ascertaining the law applicable to the existence of connections between things, as well as to the main legal issue and the determination of jurisdiction.