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INFORMATION ABOUT Mr. JENS LOWITZSCH

                      

Mr. Jens Lowitzsch is known in the European employee ownership community for a series of legal matters in which he was involved.

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

 

 

 


 

 

For information and contact
EFES - EUROPEAN FEDERATION OF EMPLOYEE SHARE OWNERSHIP
FEAS - FEDERATION EUROPEENNE DE L'ACTIONNARIAT SALARIE
Avenue Voltaire 135, B-1030 Brussels
Tel: +32 (0)2 242 64 30 - Fax: +32 (0)2 808 30 33
E-mail: efes@efesonline.org
Web site: www.efesonline.org
EFES' objective is to act as the umbrella organization of employee owners, companies and all persons, trade unions, experts, researchers, institutions looking to promote employee share ownership and participation in Europe.