Vatican bank suit dismissed
VATICAN CITY — An American appeals court on Tuesday dismissed a lawsuit by Holocaust survivors who alleged the Vatican bank accepted millions of dollars of their valuables stolen by Nazi sympathizers.
The 9th Circuit Court of Appeals in San Francisco upheld a lower-court ruling that said the Vatican bank was immune from such a lawsuit under the 1976 Foreign Sovereign Immunities Act, which generally protects foreign countries from being sued in U.S. courts.
Holocaust survivors from Croatia, Ukraine and Yugoslavia had filed suit against the Vatican bank in 1999, alleging it stored and laundered the looted assets of thousands of Jews, Serbs and Gypsies who were killed or captured by the Nazi-backed Ustasha regime that controlled Croatia.
They sought an accounting from the Vatican, as well as restitution and damages.
The court didn't rule on the allegations. In its decision, the court said the Vatican bank, formally known as the Institute for the Works of Religion, or IOR, was a sovereign entity entitled to the protections of the foreign sovereign immunities act, and therefore U.S. courts had no jurisdiction.
Jonathan Levy, who represents the survivors, said he thought he had sufficiently shown that the Vatican bank engaged in commercial activities in the United States, which can serve as an exemption to the protections granted by the immunities act.
"The reason we're disappointed is the court found that dealing in gold teeth from concentration camps was not a commercial act," he said.
Many of the survivors named as plaintiffs in the suit live in the United States.
