The ‘portrait of a cleric’ attributed to the painter Diego Velázquez will not be able to leave Spain or sell. The Supreme Court (TS) ratifies the judgment of the Superior Court of Justice of Madrid (TSJM) that endorsed the decision of the Community of Madrid to declare the work well of cultural interest.
The owner of the picture appealed the ruling of the TSJM to the high court when considering that when the Madrid government declared the work of cultural interest, the work had already prescribed the deadline to do so. Specifically, the owner claimed that since the Ministry of Culture declared the picture as inexportable on March 9, 2016 until the Community of Madrid cataloged it as well protected on April 25, 2019, 3 years passed against the 15 days it gives the Law of the Common Administrative Procedure of Public Administrations to do so. Therefore, the deadline had expired, according to the owner.
The Supreme, however, points out that this period of 15 days to the case cannot be applied Since the law specifies that both decisions, non -exportable character and well of cultural interest, must be adopted by the same administrative body, even by the same administration and different body. And in this case the first decision is made by the Ministry of Culture and the second, the Community of Madrid.
The sentence, on January 29, of which magistrate Pilar Teso was speech, recalls that what is discussed in the litigation is the declaration of good of cultural interest and not Inexportability, since the second is considered a firm decision since it was never appealed.
The assets with more than one hundred years of age need from an express and prior authorization of the General State Administration for its departure outside the Spanish territory. It can also declare inexportable goods as a precautionary measure until the competent administration includes them within one of the categories of protected goods.
About authorship
On the other hand, on the authorship of the painting, the Supreme which is attributed to Diego Velázquez. ”
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