Alan Philipp v. Federal Republic of Germany ( 2021 )

United States Court of Appeals
FOR THE DISTRICT OF COLUMBIA CIRCUIT
No. 17-7064 September Term, 2020
FILED ON: MARCH 16, 2021
ALAN PHILIPP, ET AL.,
APPELLEES
v.
FEDERAL REPUBLIC OF GERMANY, A FOREIGN STATE AND STIFTUNG PREUSSISCHER KULTURBESITZ,
APPELLANTS
Consolidated with 17-7117
On Remand from the Supreme Court
of the United States
Before: TATEL and WILKINS, Circuit Judges
JUDGMENT
These causes came to be heard on remand from the Supreme Court of the United States,
vacating this court’s judgment filed July 10, 2018, and remanding for further proceedings. Upon
consideration of the foregoing, it is
ORDERED and ADJUDGED that these consolidated cases be remanded to the District
Court for further proceedings consistent with the Supreme Court’s opinion in Federal Republic of
Germany v. Philipp, 141 S. Ct. 703 (2021). On remand, the District Court is to consider whether
the sale of the Welfenschatz is not subject to the domestic takings rule because the consortium
members were not German nationals at the time of the transaction, including whether this argument
was adequately preserved in the District Court. Id. at 716-17.
The Clerk is directed to issue the mandate forthwith to the District Court.
Per Curiam
FOR THE COURT:
Mark J. Langer, Clerk
BY: /s/
Daniel J. Reidy
Deputy Clerk
Date: March 16, 2021