Former Malta International Airport CEO Markus Klaushofer today claimed that MIA leaked sensitive financial information illegally to Vienna International Airport, which own MIA shares.

He has launched proceedings seeking redress through an industrial tribunal for unfair dismissal and through his lawyer Cedric Mifsud filed his statement of facts.

Klaushofer recalls having an issue with VIE during his tenure which he believes impacted his relationship.

When he began his engagement as CEO, he said, he had found out that the MIA financial department was sending out to VIE, on a regular basis, financial data about the company. “This data is highly sensitive considering the status of the company as public listed company. This fact meant that one single shareholder was being made privy to sensitive financial data, to the exclusion of all other shareholders, including the Government of Malta, which is the holder of 27,060,000 shares in the company”.

“Once I discovered this fact I was told by the Chief Financial Operator (CFO) of the company that this was normal procedure and that my predecessor, Julian Jaeger, had no problem with it. Confronted with these facts I immediately contacted the company lawyers who advised that this procedure must immediately stop as other shareholders were being prejudiced through this flow of information to VIE”. Upon this advice he says he requested the Chief Financial Officer to immediately stop passing on any information to VIE.

“Once the flow of information from MIA stopped, VIE started to send requests for this information and at times were also making aggressive demands on the basis that this information was necessary for internal reports and balance sheets. Despite the fact that VIE is the largest shareholder in MIA and consequently had considerable clout, I nevertheless stopped this illegal process which is contrary to listing regulations”.

He claimed that he received frequent requests from Chairman Nikolaus Gretzmacher to restart the process which he had stopped. “I had explained to him that MIA is not a department of VIE and that MIA should be treated as a completely separate entity in which VIE has an interest in. I had noticed that my stance did not go down very well with Nikolaus Gretzmacher and I believe that when Julian Jaeger referred to a bad atmosphere between myself and the chairman, he was referring to my decision to stop the flow of sensitive information to VIE”.

Klaushofer said that till today he is not privy of details relating to the accusations made by MIA which concern the allegation that he passed on sensitive information to third parties. “All I can say is that I have not breached my fiduciary obligations that I had towards MIA”.

The only details he said he had are those indicated in a newspaper article where MIA leaked a story indicating that a police report against him had been filed on the basis of passing on sensitive information to  Antin Infrastructure. “I deny ever having done this”.

Salary of €147,107.

He explained that he was employed with MIA as CEO through an agreement dated 25 January 2012. “My salary was set at €147,107.28 per annum, which was to increase according to the annual price index of the preceding year. Moreover I was entitled to a performance bonus equivalent to 50% of my salary on a yearly basis. This besides other coverage for expenses such a company car, mobile, entertainment etc. The term of my contract was of 3 years and was therefore meant to expire in 2015”.

He stated that the Board of Directors was satisfied with his performance as CEO as his contract was renewed before its expiry through an amendment to his employment contract. “My term of employment was extended by two and a half years, that is, till the 30 June 2017. Moreover my salary was revised and increased to €175,907, which revision in salary was to be back-dated to 1 July 2012”.

He explained that the company continued to grow during his tenure in relation to revenue and profit. “Moreover passengers passing through Malta International Airport continued consistently increase. From the commencement of my employment till my dismissal on 21 January 2015 I never had issues with the Board of Directors concerning my performance as CEO”. 

Mr Klaushofer, in his statement, said that he was in Vienna for a Board of Directors meeting of Malta International Airport plc (MIA) on 21 January 2015. Prior to the meeting, he was asked to meet Nikolaus Gretzmacher and Julian Jaeger (representatives of Vienna International Airport (VIE)), which company has 33% shareholding in MIA. He stated that he had not been briefed on the scope of the meeting and did not know if he was meeting MIA or VIE representatives.

Julian Jaeger (photo) “who is not on the Board of MIA started speaking about how the ‘atmosphere’ between myself and NikolausGretzmacher, the Chairman of MIA, is not good and that it would be in the interest of everyone, including MIA that I resign from my post as CEO”.

Mr Klaushofer disagreed as Mr Jaegar did not represent MIA and that this was not a valid reason for resignation.

Mr Jaegar, he claimed, then read an internal MIA memo which concerned issues of confidentiality and professional secrecy. “The memo, prepared by the company’s lawyers ‘Camilleri Preziosi’ was very vague and essentially explained the position at law in relation to professional secrecy. It however did not indicate any wrongdoing on my behalf. I specifically asked if I had anything wrong and both Jaeger and Gretzmacher avoid the answer”.

Mr Jaegar did not divulge any more information on the MIA internal memo, he said, adding that this was when he was offered the €400,000 for his resignation. This amount had a number of conditions attached, he said, “amongst which include that I do not put forward any form of claim before a court, tribunal or authority and that I do not make any negative remarks against MIA”.

He did not agree with such an agreement and felt that it was blackmail, “which was a direct manoeuvre by VIE to get rid of me. I strongly objected to the offer being made, as I did not consider it to be an offer but rather an unfair dismissal on unjustified grounds with a muzzle placed on me to ensure that I do not react in any way”. 

MIA Chairman Nikolaus Gretzmacher hardly spoke durin the meeting he said, adding that he felt perplexed that Mr Jaegar read from an internal MIA memo “in view of the fact that he was not supposed to be privy to such information”.

Mr Klaushofer claimed that Julian Jaegar turned aggressive when he refused the offer, and said “that if I do not take up the offer I will be very sorry as ‘things will get very dirty’”.

“Nikolaus Gretzmacher and Julian Jaeger stated that they regretted my decision and they had no alternative but to ask the board for my dismissal”.

The MIA Board meeting was called soon after that meeting, he says, adding that Julian Jaegar was not present as he has nothing to do with the MIA Board. Mr Gretzmacher then announced that Mr Klaushofer would be removed as CEO and he was asked to leave the room.

Chairing the Tribunal is Edmund Tabone. Louis Degrabriele is representing MIA.

The case will continue on 17 September.