Bonum Certa Men Certa

What Team Battistelli Claims to be Independence of the Boards of Appeal Actually a Likely Dismissal Plan for 'Unwanted' Judge (and Maybe His Protectors), Potentially Permanent Unemployment Plan

Whatever Battistelli wants from the Administrative Council (even collective punishment) he still gets

Independence of the BoA page 1



Independence of the BoA page 2



Independence of the BoA page 3



Summary: The Boards of Appeal (BoA) at the EPO have just been dealt another blow by Battistelli and new texts shed light on further crackdowns, not independence

Team Battistelli (i.e. Battistelli and his flunkies) habitually lies to staff and to journalists. Truth does not seem to matter anymore. On Friday we dissected the pack of lies released under the umbrella of "news" by EPO management after it had crushed the Boards of Appeal even further, paving the way for -- as one person correctly noted -- even more punishment (potentially collective punishment, which is hugely controversial and merely serves to discredit the whole Organisation).



With help/cooperation from his blindly loyal payees in the Administrative Council, Battistelli may have just engineered dismissal of the judge who allegedly spoke about Battistelli's right-hand man (criminal charges in Croatia). To quote:

Why this reform is urgent?

21. (…) the President of the BOA will be responsible for proposing disciplinary action to the Administrative Council with regard to the members, including the Chairmen, of the BOA and the members of the EBA.

5. (…) the President of the BOA shall be appointed by the Administrative Council on a joint proposal made by the BOAC and the President of the Office (sic).

After this reform, the suspended member of BOA could be easily dismissed on proposal of the President of the BOA (for sure a BB [Battistelli] good friend). The members of the Enlarged Board who dared to organize the public oral proceedings will be in trouble too.


This is exactly what we had in mind all along. The above puts it nicely citing the relevant paragraphs. Another comment says:



If the AC really were concerned about the independence of the BoAs, then why did they approve amendments that arguably make the Boards less independent (at least in some respects)?

It is not like they could not judge the effect of the proposals upon independence: AMBA's comments on that point were unambiguous.

By the way, does anyone have a copy of CA/29/16 as amended that they are willing to make available? I am willing to wager that the most problematic issues with that proposal were not adequately dealt with by the amendments.


AMBA does not matter to Battistelli as it's probably seen as an obstacle to his agenda. Regarding CA/29/16, says another comment: "I think those were only the proposal documents. As far as I understood the text wasn't agreed as so much time was spent on DG3? The DG3 document was amended to drop references to non-DG3 staff with regard to these documents but wasn't that just a nicety and CA29/16 would continue to be applicable to all staff if approved?"

Someone did eventually upload or link to CA/29/16 (annotated). We have made local copies of the following PDFs for long-term preservation purposes (differences shown at the top for those who are not eager to open PDFs on the World Wide Web):



Here you go:

CA/29/16 Rev. 1: Post-service integrity: prevention of conflicts of interest

CA/29/16 Add. 1 Rev. 1: Post-service integrity: prevention of conflicts of interest: comparison between existing and new text


"The amendments made by the Admin Council in CA/43/16 Rev.1 might not do everything you want," one person wrote, "but they do address some of your concerns. They are more than "purely cosmetic". Please read the actual document itself, not just the summary on the EPLAW blog. For example, the BOAC now has to consult users about amendments to the Rules of Procedure, not just the EPO President. The actual wording is to be proposed by the new President of the Boards of Appeal, advised by the Presidium."

Yes, but who will be choosing or consenting to (or contrariwise, vetoing) a new President of the Boards of Appeal? See the comment above. "What is truly missing here is a comparison with national provisions/case law applicable in similar national cases," another person wrote. "What is even more missing is an independent court capable to test proportionality and application of these CA/29/16 provisions. First of all, it goes about compensation for lost time and opportunities."

"Battistelli just wants the perception of justice and a perception of independence, albeit it's not clear at all how the latest changes would help achieve this."The matter of fact is, as usual, national laws are largely ignored. They're seen as obstacles. Battistelli just wants the perception of justice and a perception of independence, albeit it's not clear at all how the latest changes would help achieve this.

Citing Robin Jacob at 'IP and Other Things' the above quotes the following "for the AC [Administrative Council] of the EPO," s/he said. It goes like this: "And the wider our experience the more we can develop what I think is a key attribute - the ability to put yourself in the place of the other man or woman, whether they be litigant or witness or anyone else. This attribute - empathy-is precious; beyond just the courts it is one of the greatest protections against cruelty and one of the greatest forces for peace."

It sure sounds like he was talking about Battistelli even though he certainly was not. What happens at the EPO right now is hugely damaging to the perception of lawfulness. Not only has the Office made some truly dubious hirings but it also viciously attacks those who are brave enough to bring up the subject. It's the kind of behaviour one might expect from the Pentagon, so why not at the increasingly-militaristic EPO?

"What happens at the EPO right now is hugely damaging to the perception of lawfulness.""EPO Stooge" wrote: "All of the alleged "decisions" of the administrative council (i.e. 43/16 and 29/16) are proposals only, it it clearly says in every case "for decision" on the cover page. In contrast, all decisions of the AC clearly state "Decision of the Administrative Council for/to/...". I haven't seen any official statement of the AC yet and what BB posts on the EPO's intranet (quoted several times above) has a credibility rating of close to 0%, at least if its face value is concerned. Before jumping to conclusions, lets wait for both explicit decisions and an official statement by the AC (in a hidden niche on the EPO.org homepage). It should come out next week. There's a lot of tactical moves going on, on both sides of the EPO/AC fence." Well, another comment from "EPO Stooge" said: "Please disregard my latest comment re official AC statement on 148th meeting, just saw it (http://www.epo.org/about-us/organisation/communiques.html#a25). I'm very surprised that they actually did allow proceedings for a removal to a new building in Munich, after initial strong words against it, including those of influential members like Grossenbacher. Depressing. Deeply intransparent."

Well, there he goes. Battistelli received everything he wanted and due to obsession over this one single matter there was no time at all to discuss his gross abuses (and failure to address demands) while he got the usual protection from his 'clients' and friend, Mr. Grossenbacher (the story of Brimelow led some to the suspicion that it was Grossenbacher along with Battistelli who had elbowed her out [1, 2, 3]). ⬆

Recent Techrights' Posts

“Losing Huang Would Introduce a Lot of Uncertainty"
Huang won't last much longer
Intercontinental Brigading - Part XXXXV - The Brand (and Reputation)
"Russell Brand sentenced to 10 years and six months for rape and sexual assault"
Protestants at the EPO Fight On, Rising in Opposition to and Against Corruption, Also Against GAFAM
Don't say we didn't warn you...
When Some Footage Causes Your 'Company' to Lose Almost Half a Trillion Dollars in 'Value' in a Few Minutes Your Company is Fictionally Valued
stock slips 8% because the CEO cheats on the wife
 
Surreal Times
NVIDIA's shares fell 27% in 5 weeks
Links 10/11/2026: "Jensen Huang Could Face $81 Billion Divorce Bill" and "Nvidia Shareholders sue Jensen Huang"
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Monday, November 09, 2026
IRC logs for Monday, November 09, 2026
Gemini Links 10/11/2026: Open Problem in Computer Science Due to Bloat and "Queueing Nine Hours for an iPhone"
Links for the day
GNU/Linux Rose to 6% as Laptop/Desktop Operating System in Azerbaijan
In the past two weeks the average measure as seen by Clownflare is 5.7%
Microsoft Will Pay $11,742 USD for Workers to Leave
11 lakh Indian Rupees
Since Records Began 18 Months Ago, statCounter Saw Chatbot Usage Falling Sharply
Chatbots are not becoming more popular and the commercial world is having second thoughts
Losing Their 'Faith' in Slop
Are leather jackets becoming a "signal" of "cheating on the wife"?
Boosters of Non-reciprocal Licensing Are Just Trying to Cancel Richard Stallman (RMS) and His Baby, GNU
If only they liked freedom as much as they love Microsoft (or Microsoft's GitHub, which is proprietary and unsafe)
Gemini Links 09/11/2026: Zephyr, Wireless Planet, and Old E-mail
Links for the day
IBM: From Illegal NDAs to Illegal Secret Settlements (Money in Exchange for Promise Not to Sue)
Insiders also explain why RAs may come weeks from now [...] IBM has marked 40,000 workers it wishes to get rid of
Links 09/11/2026: 'Humanitarian' Putin Knocks 600,000 Civilians Off the Grid, Eminem’s Publisher Sues Suno
Links for the day
Like Crooked Politicians, The Register MS is Selling "Dinners" (Access, Sponsors)
Talk about "hey hi".
The Register MS is Not Objective Regarding "AI", It's Paid by Pushers of the Pyramid Scheme (including Nvidia)
Some time soon we'll name some companies that pay millions to The Register MS in order to cement their role in the house of cards (while it lasts)
GAFAM Moribund
A lot of what we say about Microsoft in respect to debt is equally applicable to the rest of GAFAM
NVIDIA as a Scam Company Run by Scammers Who Fake Demand for Their Waste of Energy (Subsidising GPU Sales for Use Cases That Don't Exist)
First they targeted gamers, then fake 'currencies' (which turned out to be a bust), now it's slop (obfuscation of plagiarism using brute force and fusion) [...] We're quite glad that Huang publicly broadcasts how untrustworthy he is
Links 09/11/2026: Nvidia CEO Jensen Huang Cheats on Wife With A Suspected Chinese Spy, "400,000 Russians Killed in Battle Since 2022 Invasion"
Links for the day
Zero Tolerance for Slop
very few sites that dabbled in slop ended up well off (for it)
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Sunday, November 08, 2026
IRC logs for Sunday, November 08, 2026
Gemini Links 09/11/2026: "The Blue Wave Won't Save Us" and "Discoverability Is Only Solved If You Can Be Discovered"
Links for the day
IBM 'Robbery': No More Car Allowance in the UK, Severance Shredded, CEO Pay Up 51% in One Year While Thousands Laid Off in Secret
Why does a CEO reward himself so much when the company does so badly?
Digitalisation Is Not Inevitable or Unavoidable
Nor inescapable
Gemini Links 08/11/2026: "Back", Zot, and Information Overload
Links for the day
Intercontinental Brigading - Part XXXXIV - Why the Swatting Failed
After that we only ever heard from or spoke to cops when we invited them to our home to collect evidence
“Concerned Microsoft Workers” Say “Working at Microsoft Has Become Joyless and Demoralizing.” (That's What Microsoft Wants, More Will Leave That Way)
Many Microsoft employees are going to leave
The Register MS is Losing Hundreds of Thousands of Pounds a Year While Directors Pay Themselves Hundreds of Thousands of Pounds a Year in Dividends
they take money from slop pushers and have clearly compromised some journalistic standards in the process
GNU/Linux Measured at 7.4% in the UK This Weekend: Clownflare Radar
I hope that one day GNU/Linux will be everywhere here
Never a One-Person Project
Just because I'm the main "public face" of the site (who takes all the insults and SLAPPs) doesn't mean I deserve all the credit
“I Always Expect to Lose. I Fight Anyway, and Sometimes I Win.” — Richard Stallman
To change the world meaningfully people must think big
Stop Looking for News About "Layoffs", Layoffs Are Over (They've Been Rebranded)
To properly assess the status quo we need other yardsticks
Links 08/11/2026: Bosses Who Were Forcing Their Workers to Use Slop Change Mind, "Rapper RBX Files Ninth Circuit Appeal in Fraud-Focused Class Action Lawsuit Against Spotify"
Links for the day
Links 08/11/2026: Why Vikings Stayed in Iceland and "TikTok Accused Of Promoting Sex Industry To Young Girls"
Links for the day
Gemini Links 08/11/2026: "Before Sunrise" and LLM Scrapers Versus Self-Hosting (or Web in General)
Links for the day
Intercontinental Brigading - Part XXXXIII - Weaponising Cops in Another Continent (Europe), Knowing They Cannot Come to Your Home in America, While Threatening Women
This year it culminated in death threats
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Saturday, November 07, 2026
IRC logs for Saturday, November 07, 2026