The Wildenstein Institute has been pinned down by a Paris for refusing to include works by Dutch artist Kees Van Dongen and Italian master Amedeo Modigliani in the catalogues raisonnés regarding these painters published under its authority. Most collectors are aware that when a work cannot be sold if it is not included in a catalogue raisonné. This means that the authors of such catalogues are invested with formidable powers but some collectors now seem ready to seize justice in order to obtain satisfaction when a work considered as genuine is not included in the catalogue relating to a well-known artist.
The Wildenstein Institute has been confronted with two different cases. Firstly, the owner of a painting by Van Dongen called «Chemise», which he bought at auction with a certificate by Paris dealer Paul Pétridès in the Paris salesrooms of Drouot in 1987 for some US $ 370,000, launched a court action in May 1995 after he was told by Christie's that this painting could not be sold because it was not included in the Van Dongen catalogue raisonné due to be published under the auspices of the Wildenstein Institute.
This collector thus sued the Wildenstein Institute following its refusal to include his painting in the Van Dongen catalogue raisonné and after Guy-Patrice Dauberville and Philippe Maréchaux, two independent experts had concluded that it was an authentic work by the artist.
The court dismissed the case and ruled that the Wildenstein Institute had so far caused the plaintiff no prejudice has the Van Dongen catalogue had not been published yet but warned the Institute that it could not refuse to include this painting in the list of the artist's authentic works since it had been considered as genuine. It warned the Wildenstein Institute that the author of the catalogue would be responsible of a serious neglect if he omitted this work in his list.
Such ruling constitutes a serious warning for all authors of catalogues raisonnés and has prompted in turn the owners of a drawing by Modigliani to seize a Paris court after Marc Restellini, the author working for the Wildenstein Institute, refused to include in his catalogue.
The Modigliani ink and wash drawing representing the portrait of a young woman had been sold in Drouot on March 20th 1991 for some US $ 288,000 but in March 1998, the Wildenstein Institute informed the buyer that it questioned the authenticity of such work and therefore refused to include it in the catalogue raisonné relating to the artist's works.
Once again Guy-Patrice Dauberville has been appointed by the court as expert for this case and his decision is due to be given at the end of December 1999.
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