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INFORMATION
ABOUT Mr. JENS LOWITZSCH
04.05.2018:
Letter
to the President of the Free University of Berlin,
the President of Viadrina University and the Intercentar
24.04.2015: Response
from Berlin University
17.03.2015: Letter
to the President of the Free University of Berlin,
the President of Viadrina University and the Intercentar
BACKGROUND
Mr. Jens
Lowitzsch is known in the European employee ownership
community for a series of legal matters and swindles
in which he was involved... Download
full information
It began
at the early stages of the European Federation of
Employee Share Ownership (EFES) in 1999. Persons
promoting employee ownership in many European countries
met for the first time and they all decided to set
up a European organization.
Considering
that they were the "inventors" of employee
share ownership, Mr. Lowitzsch and his friend Mr.
Massie, pretended that they had to be the "natural"
leaders of the new organization. However, the majority
of members chose rather for a democratic organization,
respectful of the diversity of employee ownership
schemes across Europe.
Massie
and Lowitzsch then left the EFES. Some weeks later,
they announced the constitution of a new organization
on 6.5.1999. In place of the EFES, it was the EAES,
with "A" for ASSOCIATION in place of "F"
for FEDERATION. In French, in place of FEAS for
the Federation, it was AEAS for the Association.
• See appendix 1:
By-laws
of the EAES, as published in the Belgian Official
Journal Le Moniteur belge of 11.11.1999
In order
to validly exist, this new organization was supposed
having been recognized by a Belgian King's Decree
as an International Association, as for the EFES.
This announcement quickly appeared to be a fake,
and the first publication in the Official Journal
was swiftly followed by another from the Belgian
Ministry of Justice on 21.12.1999, announcing that
this EAES was "null and void" (in French
"nulle et non avenue").
• See appendix 2: Belgian
Official Journal Le Moniteur belge of 21.12.1999
These actual
information having been given to the EFES' members,
Mr. Massie decided to summon the EFES through its
Secretary General to appear before the President
of the Civil Court of Brussels, for slander and
defamation. However, the Court rejected Massie's
complaint and sentenced him to bear the legal costs
of the suit.
• See appendix 3: Judgment
of the Court of Brussels on 18 May 2000
This should
have been the end of this story. However it wasn't.
Still now,
in his contacts with the European Parliament and
other European Institutions, the "null and
void" organization is presented by Mr. Lowitzsch
as a reality.
In the
CV that he uses currently in his contacts, Mr. Lowitzsch
introduces as one of his few "activities"
the fact that he is a "member since 1999"
of the EAES. Furthermore, he introduces Mr. Massie
as his personal reference, for whom he declares
having acted as "Legal Adviser and Personal
Assistant".
• See appendix 4: Mr.
Lowitzsch's CV for the European Parliament, pages
1 and 2
This comes
in addition to the fact that Mr. Lowitzsch cultivates
the confusion, not hesitating to introduce commonly
himself as a member of the EFES (the Federation).
More recently,
Mr. Lowitzsch's deeds to the detriment of the EFES
and the European Parliament were condemned through
three judgments of the President of the civil Court
of Brussels in 2014.
A license
for the use of the EFES' Database of Employee Ownership
in European Companies (Version 2010) was purchased
in 2011 by the University of Berlin for Professor
Lowitzsch's academic works.
Later,
in 2012, the European Parliament's Committee for
Employment and Social Affairs asked for a study
based on the most recent information about employee
ownership in the European Union. For this Study,
the Dutch company ECORYS was the contractor, while
the Polish foundation CASE intervened as subcontractor.
In turn, Mr. Lowitzsch acted as the sub-subcontractor,
being however the organizer of the whole transaction.
The study entitled "Employee Financial Participation
in Companies' Proceeds" was published by the
European Parliament in September 2012.
For the
Study, Mr. Lowitzsch used the old version of the
EFES' Database (Version 2010) without authorization,
while Version 2012 of the EFES Database was already
available. The Parliament was abused, and did not
get the most recent information but an old one.
In addition, data were handled and used incorrectly,
leading to wrong conclusions. All information and
figures being given in the Study as from the EFES
and its database were inaccurate.
Authors
of the Study were condemned by the Court of Justice
of Brussels on 6 June 2014. The Study had
to be definitely removed by the European Parliament.
Considering the seriousness of the facts, the judgment
was immediately enforceable.
• See appendix 5: Judgment
of the Court of Brussels on 6 June 2014, in free
English translation
Following
this, the Court had to hold a second session to
decide about compensation. Following the EFES' arguments,
the Court issued a second decision against ECORYS/CASE/Lowitzsch
in August 2014.
• See appendix 6: Judgment
of the Court of Brussels on 26 August 2014
Finally,
the Court of Justice issued its third and final
Judgment on December 22, 2014. ECORYS/CASE/Lowitzsch
were definitely condemned for their use of the EFES
Database as "illegitimate users in bad faith".
• See appendix 7: Judgment
of the Court of Brussels on 22 December 2014
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