Italian Supreme Court Rules on Authenticity Error in Art Sale

The Italian Supreme Court of Cassation (Corte di Cassazione civile, Sez. II, ordinanza n. 143, 2 January 2026) clarified the legal remedies available when an artwork's authenticity is disputed after sale. The case involved a painting attributed to an artist signed 'G.S.', sold for €240,000 with authenticity certificates from the artist's daughters and a gallery. Years later, doubts arose during pre-auction checks; a leading art historian could not confirm attribution, and the work was later deemed a forgery and seized by the Milan Prosecutor's Office in a counterfeiting investigation. The buyer sued for contract annulment due to error. The Milan Court of Appeal annulled the contract, ordering price restitution but not the artwork's return. The seller appealed to the Cassation, arguing that the remedy should be resolution for aliud pro alio (sale of a different thing) rather than annulment for error. The Supreme Court rejected this, holding that the two remedies are not mutually exclusive and can concur. It confirmed that when both parties share the mistaken belief in authenticity (bilateral error), the error need not be recognizable, and the contract can be annulled if the error concerns an essential quality. The buyer's choice of remedy stands. The decision reinforces protections for buyers in the art market, allowing annulment even when the seller acted in good faith.