On his website (https://lyconet-basel.ch/infos/tatsachen/), the Swiss Lyconet marketer Ede Buser, who is also known as a great critic of BE Konfliktmanagement and Ben Ecker, took every opportunity to disparage the work of BE Konfliktmanagement or myself and to accuse me and my company of spreading fake news. For this purpose, he published a number of incorrect statements.
Just as Jef Rowlison and Chris Thomson, he also held seminars and tried to keep his Lyconet followers in a mood to invest by making false claims about me or BE Konfliktmanagement. The final convictions of Lyoness due to operating a snowball system in Austria and Switzerland as well as the prohibition of Lyoness in Norway were presented as if they were “declared settled”, “irrelevant” or “paid false statements from competitors”.
Although we have urged Mr. Buser to remove his incorrect claims from his website respectively to portray a correct picture of events, he did not do so. For this reason, BECM Inc. filed a suit against him for a cease-and-desist, a revoke and the publication of this revoke, for compensation for damages and for compensation according to the media law. Now, the court has agreed with all accusations.
With the judgement of 13 July 2019 (Az. 11 Cg 36/19k), the commercial court of Vienna (AUT) has convicted Mr. Buser:
“The defendant (Mr. Ede Buser)
1. is obligated to revoke his statement that the plaintiff was acting for his own benefit and for economic reasons, that he was sending anonymous post to partner companies of Lyoness respectively Lyoness retailers and that he was calling them illegally, that he was sending untruths to partner companies and that he was deliberately concealing facts and that he was spreading fake news in order to unsettle the retailers. Further, this revocation has to be published on the website https://lyconet-basel.ch/infos/tatsachen/ or otherwise, an immediate execution will be enforced.
2. The defendant is obligated to refrain from making the statements mentioned above or statements with the same meaning. Otherwise, an immediate execution will be enforced.
3. The defendant is obligated to publish the judgement (without the part concerning the costs) on the homepage of the website www.lyconet-basel.ch or a possible following domain for thirty days at his own charge. The text has to be bordered by a frame in bold print and there have to be the words “On behalf of the Republic”, also in bold print and in 20 to 24 pt. The file number and the date of the decision have to be in at least 16 pt. and the names of the litigants, and their representatives have to be in bold print, spaced and in 12 pt. The publication has to be at least 2/3 of the screen page.
4. The defendant is obligated to pay EUR 3,000. – plus 4% interest within 14 days from 3 May 2019 to the complaining party.
5. The defendant is liable for all future damages that will result from the statements and/or the dissemination of the statements according to 1. of the form of order.
6. The defendant is further obligated to compensate the procedural costs of the complaining party of EUR 3,822.62 according to § 19a RAO within 14 days for the attention of the complaining party’s representative.
We are going to check Mr. Buser’s website for the compliance with the judgement on a daily basis. In case of infringements of the judgement, we will immediately file a further suit. However, it can be reasonable assumed that Mr. Buser will not comply with the judgement.