Bonum Certa Men Certa

English, French and German Translations of Dutch Article About EPO Abuses

de Volkskrant front page



Summary: An article from "de Volkskrant" with translations, regarding Benoît Battistelli and the now-disgraced Opstelten who defended Battistelli's assault on staff

FIVE weeks ago the Dutch media covered the situation at the EPO. One piece came from de Volkskrant, with "a circulation of approximately 250,000 nationwide." We now have English, French and German translations [PDF]. Since this is an English-speaking site, here is the English version:



Benoît Battistelli, Director of the EPOrg, does not recognise trade unions. He has had email communication between trade unions and members blocked. €© EPA

Opstelten: court ruling does not apply to European institution



According to the court, an organisation in Rijswijk breaches the rule of law. No, says the Minister, it has immunity.

By: Willem Feenstra 26 February 2015, 06:26

Ivo Opstelten, Security and Justice Minister. ۩ ANP

Minister of Security and Justice Ivo Opstelten has binned the ruling of the Court of Appeal in The Hague. The ruling states that the European Patent Organisation (EPOrg) violates the fundamental principles of an open and democratic state under the rule of law. However, according to Opstelten, the European organisation enjoys immunity.

For years there has been a conflict at the EPOrg between management and a large portion of the employees. Director Benoît Battistelli is allegedly conducting a reign of terror and is averse to objection. He does not recognise trade unions and refuses to enter into discussion with them.

Measures

In order to counter organised opposition, the management of the organisation has blocked email communication between the unions and their members.

The task of the European Patent Organisation is to grant patent applicants a patent in a large number of European countries by means of a single application. The establishment in Rijswijk is, with 2,700 employees, the largest after Munich. In order to counter organised opposition, the management of the organisation has blocked email communication between the unions and their members. The right to strike has been restricted and employees expressing disagreement are threatened with disciplinary measures and dismissal. The trade unions are also not welcome at the negotiation table.

Those measures are contrary to the European Convention on Human Rights (ECHR), so ruled the Court of Appeal in The Hague last week. ‘After all, this case concerns the rights of trade unions to take collective action and conduct collective negotiations, i.e. rights which belong to the fundamental principles of an open and democratic state under the rule of law.’

The Court ordered the Patent Office to reverse the disputed measures. In an internal statement, Battistelli has already indicated that he is not to going to adhere to this. According to him, the Patent Office, as an international organisation, is autonomous in the area of personnel policy. The internal rules were to form its own legal system in which a national court may not intervene.

Immunity

This means that these buildings may not be entered and enforcement action cannot be taken by Dutch authorities, or at any rate not without the consent of the President of the EPOrg.

Ivo Opstelten, Minister of Security and Justice

The Court of Appeal acknowledges that the Patent Office is an international organisation which can claim immunity but ‘this autonomy does not in any case stretch so far that the EPOrg could breach generally recognised fundamental rights in Europe without parties, such as the trade unions, being able to seek an effective remedy against such’.

Opstelten sees this differently. According to him, offices of the Patent Organisation in all contracting States enjoy immunity. This means that these buildings may not be entered and enforcement action cannot be taken by Dutch authorities, or at any rate not without the consent of the President of the EPOrg. He has ordered the court bailiff not to execute the enforcement orders in the judgement.

Immunity above human rights

Opstelten relies on an Act from the seventies. This must be applied dynamically, but he takes a very conservative view.

Cedric Ryngaert, Professor of International Law in Utrecht.

According to the Ministry of Foreign Affairs, the conventions to which the Netherlands is subject in respect of the EPOrg are clear: no enforcement measures can be taken against the Patent Organisation in the Netherlands. ‘With the order, the cabinet therefore opts not to take sides in the underlying dispute,’ according to a spokesperson. ‘This has been done to observe the obligations of the Netherlands under the conventions. We make no public statements on the underlying dispute. This does not affect the fact that we, and other Member States, continue to monitor the situation.’

According to experts, Opstelten’s position is at odds with the rule of law and he chooses immunity over human rights. ‘Legally he might have the law on his side, but in view of the constitutional system this appears very odd,’ according to constitutional law expert and Senator Hans Engels. ‘It is exceptional that these kinds of powers lie with a minister. And I don’t mean this in a positive sense.’

Cedric Ryngaert, Professor of International Law in Utrecht, considers the order by Opstelten exceptional. ‘Basically he erodes the power of the Court. International organisations are going to increasingly put themselves above the law, which is already a problem now. Opstelten relies on an Act from the seventies, which must be applied dynamically. Instead he takes a very conservative view.’


About a week after the publication of this report Opstelten was found to be corrupt and he stepped down. Supporting criminals seems to be his 'thing'; it's not about justice.

Recent Techrights' Posts

Contemptuous Law Firm Accusing Others of Contempt of Court
Keeping a running tally can help
Links 10/10/2026: Let's Encrypt Making Changes (Problem for Small Sites/Operations), Quartz is Officially a Slopfarm (Busted)
Links for the day
Brigading Against Women - Part XXV - No Anonymity for People Who Did Illegal Things
"Empathy is the sunlight to the vampire of culture."
Links 09/10/2026: Stranded Busan Shark Still a 'Circus', Endangered Monkey Rescued, BBC Shells Out Money
Links for the day
 
Gemini Links 10/10/2026: Radio Romania International, Avoiding GAFAM, Open Camera, and Another Palm
Links for the day
The 2026 Slop Prediction (Slopfarms Perishing)
Morality in the "digital world" has deteriorated profoundly
netsplit.de (Survey of IRC Networks and History) Only Partly Functional This Month
Get well soon, netsplit.de
Microsoft Cuts
GAFAM enshittification
NVIDIA Acts Like It Cannot Pay Salaries (Too Many Obligations, Sales in Circular Financing, or Basically Accounting Fraud)
Masters of acting as clients of themselves
Paying for elections, Reform UK illegal confession in High Court
Reprinted with permission from Daniel Pocock
Microsoft Abuses PERM and Lays Off Workers in India
The US government has made it easier for Microsoft to hide the mass layoffs
The GAFAM Elections in the United States
If the election is run by platforms that have back doors "baked-in" and if the communications are overseen by GAFAM, you would not have to be a "nutty MAGAt" to dispute the outcome
More GAFAM Layoffs (Late on Friday Night)
They say they are worth trillions, but they don't even make money
Male-Dominated EPO Fails to Have "Concrete Measures to Support Female Staff"
Being a female at the EPO is exceptionally hard
Production Freeze at the European Patent Office (Opposing Monarchy, Institutional Maladministration and Corruption)
Eight reasons to participate
Links 10/10/2026: Microsoft 'Open' 'AI' Silencing Critics, "Data Centres are the New Front Line in the Russia-Ukraine War"
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Friday, October 09, 2026
IRC logs for Friday, October 09, 2026
Gemini Links 10/10/2026: Optimism, Stargazing, "Life Without Smartphone", and Fairphone 4
Links for the day
Gemini Links 09/10/2026: Manifesto, Slop, Geminispace, and "Cryptography of the Internet"
Links for the day
Betanews is Still a Slopfarm, Articles About "Linux" Are Fake and Plagiarism by LLMs
Cheaters and plagiarists aren't journalists; they're people who rip off and harm journalists
The Register MS Sponsored to Hype Up "Datacenters" and "AI" (Bubble, Pyramid Scheme)
"Sponsored by Cisco" with "AI" 26 times in this page
James Bottomley Has Promoted Microsoft-Controlled Restricted ('Secure') Boot, His Blog Has Just Been Cracked
Does this meet IBM's and Microsoft's standards for "distinguished" (in security)?
Links 09/10/2026: "Internet Archive to Demo Wayback Machine at Friday’s Uniqlo Street Festival", France Wages Censorship War via DNS
Links for the day
Controlled Opposition
The underlying concept is hardly new
More Stallmans
We need more Stallmans, we don't need to change Stallman
SUEPO Munich (EPO Staff Union in the Main Headquarters) Opposes Monarchy ('Cocaine King' Campinos), Plans Online Meeting Next Week
They may have about 1,000 workers joining in
World Mental Health Day is Tomorrow and EPO Staff Talks About What the Job Does to Workers
In recent years we've written a great deal about mental health consideration in relation to work, with a focus on "IT"
GNU/Linux Flirts With 20% "Market Share" in North America Overnight
Who should we trust on GNU/Linux? Microsofters on an armchair or Cloudflare Radar?
You Definitely Do NOT Wish to Live Close to a Datacentre
put aside for a moment the noise, the pollution...
New Site Makes the Case Against Adoption of Omarchy, But Focuses Almost Entirely on Politics
Let's examine what the page says and what points it focuses on
Brigading Against Women - Part XXIV - Nobody's Name is Unspeakable
Names are not sacred
Microsoft is in Trouble (With the Regime It Sponsored)
It seems like Microsoft paying the existing regime/dictatorship wasn't enough
GGG Pot Calls the Kettle Black
"It means a situation in which somebody accuses someone else of a fault which the accuser shares, and therefore is an example of psychological projection, or hypocrisy. Use of the expression to discredit or deflect a claim of wrongdoing by attacking the originator of the claim for their own similar behaviour (rather than acknowledging the guilt of both) is the tu quoque logical fallacy."
In the United Kingdom, Rising Cost of Hardware Benefits GNU/Linux
GNU/Linux rose from about 4% to almost 6% in one year
Japanese Targets of Cyber Breaches or Insider Threats
Japanese government bureau and major firms experience data breaches
Gemini Links 09/10/2026: Optimism, Stargazing, and Solar MiniServer
Links for the day
The Microsoft Ban Should Go Further (Telecommunications Cybersecurity and Resilience Act Incompatible With Back Doors)
it's not difficult to see where to start
When Americans Export a 'Suicide Mission' to Other Continents
I worry that this culture of debt-taking and overconsumption is being spread from the US to Europe
The Register MS: "AI" Several Times in Same Headline, 31 Times in Page. The Register MS Was Paid to Do This.
The phenomenon is commercial (paid media), not scientific
The Outcome of Microsoft Ban Was Predictable
told you so
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Thursday, October 08, 2026
IRC logs for Thursday, October 08, 2026
Gemini Links 08/10/2026: Economical Thrashing, How I Killed the Earth, and Thoughts on Gemini
Links for the day
Links 08/10/2026: Wikimedia Bemoans Chaffbot Slop (Bots Sold as 'Agents') That Sabotage It, ICC's Taliban Warrants
Links for the day
Links 08/10/2026: Slop Scammers (Pushers) Inflate Hosting Bills and "YouTube Testing Everything"
Links for the day
The Register MS Helps Prove the "AI" Frenzy in the Media is Evidence of Compromised Media, Not Legitimate "Revolution"
Ignore the hype and carry on
London Became Synonymous With the Royal Courts of Justice
London used to be a place where we go on holiday/retreat/break; nowadays we have only one destination there
Microsoft Insiders on "Effectively Being Silently Laid Off From Microsoft"
People are laid off by the thousands without the media uttering a word or the companies confirming anything
Brigading Against Women - Part XXIII - Extremism in the Mix and Getting the Police Involved
In 2012 I was getting heckled a lot for opposing back doors in Linux; it has not stopped since
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Wednesday, October 07, 2026
IRC logs for Wednesday, October 07, 2026