Bonum Certa Men Certa

EPO: Can the Staff Union of the European Patent Office (SUEPO) Still Save It?

As with most headlines that have question marks in them, the answer might be "no" (with caveats)

Summary: Genuine concerns about the slow process at the European Court of Human Rights (ECHR) and the lack of progress at ILO, which coincide with weakening of the unions and threat to jobs of patent examiners (leaving ordinary Europeans more vulnerable to meritless patent lawsuits)

WE are still on holiday (11,000KM from home), but we continue to receive new EPO leaks. Sooner or later we expect a lot of the ugliness to come out and be made public. But is this enough to save the EPO? Well, that depends on what "saving" means. Battistelli's policies are going to make a lot of staff redundant and also cause great pain to European businesses (especially the smaller ones, i.e. the vast majority).



"The motion to fire Battistelli," Petra Kramer wrote some days ago, "has been rejected, the motion evaluate the limits of immunity has been adopted."

If Battistelli lost his immunity, that might serve to bring some justice, but is it not too late? Time is running out.

As SUEPO noted, workers' bodies speak out about the European Court of Human Rights, but they never had any concrete/real leverage over Battistelli. He just ignores everyone who does not agree with him and if/when he can, he punishes too (firings, demotions, mental torture etc.). EPO has become like a consulate of Turkey in Bavaria, complete with its own sultan. Nominations for the Central Staff Committee closed about 5 days ago and only the brave 'dared' apply. No wonder...

"Two staff unions at the European Patent Agency," said one statement, "filed a complaint against the Netherlands with the European Court of Human Rights (ECtHR) for violation of article 6 ECHR in combination with articles 10, 11 and 13 of the Convention."

Another said: "The long-running conflict at the European Patent Office (EPO) over abuses of worker and trade union rights is now heading to the European Court of Human Rights (ECHR). SUEPO, the trade union at the EPO has filed a complaint against the Netherlands for failing to protect workers. The courts there ruled that Dutch law has no jurisdiction leaving the workers in a legal limbo. The workers have been supported by the FNV trade union and the matter has been taken up in the Dutch parliament."

There is also this new PDF in SUEPO's Web site, published several days ago to say:

Amsterdam 8 May 2017 – Today, two staff unions at the European Patent Agency, VEOB and SUEPO, filed a complaint against the Netherlands with the European Court of Human Rights (ECtHR) for violation of article 6 ECHR in combination with articles 10, 11 and 13 of the Convention.

The European Patent Organisation (EPO), which is located i.a. on Dutch territory, is infringing on the right of the unions to take collective action and to enter into collective negotiations. These are internationally recognized rights that are also guaranteed by article 10 (right to freedom of expression) and article 11 (right of freedom of assembly and association) of the ECHR. For years now, there has been a culture of intimidation by EPO-management that has severely affected the work environment. The EPO is making it impossible for the unions to effectively serve the interests of their members. Though an organization like the EPO ordinarily enjoys immunity from jurisdiction, this does not apply if the unions do not have an effective legal remedy through which to (internally) address the problems. According to standard ECtHR-case law, a national court can them assume jurisdiction.

In its judgment of 15 February 2015, the Appeals Court in The Hague held that the unions in and of themselves did not have an effective legal remedy within the EPO. The Appeals Court assumed jurisdiction and then ruled largely in favour of the unions. The EPO filed a cassation appeal, primarily in light of the dismissal of its immunity claim. The State of the Netherlands joined the cassation procedure as a party on the side of the EPO. In its judgment of 20 January 2017, the Supreme Court ruled that EPO enjoys immunity from jurisdiction after all. The consequence of this verdict for the unions is that they do not have a true legal remedy by which to address the violations of their ECHR-rights.

As state party to the Convention, the Netherlands is obliged to ensure that the ECHR is safeguarded on its territory. As this is impossible in the light of the Supreme Court judgment, the Netherlands is violating article 6 ECHR in combination with articles 10, 11 and 13 of the Convention.

The unions are represented by lawyer Liesbeth Zegveld.


There is some additional press coverage from what is typically a SUEPO-hostile site:

The Staff Union of the European Patent Office (SUEPO) has brought the Netherlands to the European Court of Human Rights amid rising tensions and alleged abuse at the EPO.

In a blog post on 9 May, SUEPO said that it previously sought protection from the Dutch courts in the form of an injunction to prevent the violation of EPO workers’ rights.

But the Supreme Court of the Netherlands upheld the EPO’s immunity, failing to “discharge their duty of care, thereby allowing a breach of fundamental rights on their soil and de facto condoning, if not endorsing, the EPO’s abuses”.


We have some new leaks coming and these ought to demonstrate not only why ECHR should take on the case but also why immunity must be removed and ILO be subjected to greater scrutiny. The deeper we look at this whole situation, the easier it becomes to see that ILO's Administrative Tribunal is part of the problem. It gives the illusion of access to justice -- something that it never delivers. ILO might as well tell the truth to Dutch authorities and ECHR; it has absolutely no control over labour rights at the EPO and at this stage, as a mater of urgency, immunity must be removed and Team Battistelli held accountable for very serious abuses, either as professionals or as civilians.

ECHR cases can take years to deal with (up to 3 years, their Web site states); that's longer than it will take for Battistelli to totally destroy the EPO, culminating in mass layoffs. We don't ever know what will be left of SUEPO and VEOB by that stage.

Recent Techrights' Posts

Links 03/05/2024: Microsoft Shutting Down Xbox 360 Store and the 360 Marketplace
Links for the day
Evidence: Ireland, European Parliament 2024 election interference, fake news, Wikipedia, Google, WIPO, FSFE & Debian
Reprinted with permission from Daniel Pocock
Enforcing the Debian Social Contract with Uncensored.Deb.Ian.Community
Reprinted with permission from Daniel Pocock
Gemini Links 03/05/2024: Antenna Needs Your Gemlog, a Look at Gemini Get
Links for the day
IRC Proceedings: Thursday, May 02, 2024
IRC logs for Thursday, May 02, 2024
Over at Tux Machines...
GNU/Linux news for the past day
Jonathan Carter & Debian: fascism hiding in broad daylight
Reprinted with permission from disguised.work
Gunnar Wolf & Debian: fascism, anti-semitism and crucifixion
Reprinted with permission from disguised.work
Links 01/05/2024: Take-Two Interactive Layoffs and Post Office (Horizon System, Proprietary) Scandal Not Over
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Wednesday, May 01, 2024
IRC logs for Wednesday, May 01, 2024
Embrace, Extend, Replace the Original (Or Just Hijack the Word 'Sudo')
First comment? A Microsoft employee
Gemini Links 02/05/2024: Firewall Rules Etiquette and Self Host All The Things
Links for the day
Red Hat/IBM Crybullies, GNOME Foundation Bankruptcy, and Microsoft Moles (Operatives) Inside Debian
reminder of the dangers of Microsoft moles inside Debian
PsyOps 007: Paul Tagliamonte wanted Debian Press Team to have license to kill
Reprinted with permission from disguised.work
IBM Culling Workers or Pushing Them Out (So That It's Not Framed as Layoffs), Red Hat Mentioned Repeatedly Only Hours Ago
We all know what "reorg" means in the C-suite
IBM Raleigh Layoffs (Home of Red Hat)
The former CEO left the company exactly a month ago
Paul R. Tagliamonte, the Pentagon and backstabbing Jacob Appelbaum, part B
Reprinted with permission from disguised.work
Links 01/05/2024: Surveillance and Hadopi, Russia Clones Wikipedia
Links for the day
Links 01/05/2024: FCC Takes on Illegal Data Sharing, Google Layoffs Expand
Links for the day
Links 01/05/2024: Calendaring, Spring Idleness, and Ads
Links for the day
Paul Tagliamonte & Debian: White House, Pentagon, USDS and anti-RMS mob ringleader
Reprinted with permission from disguised.work
Jacob Appelbaum character assassination was pushed from the White House
Reprinted with permission from disguised.work
Why We Revisit the Jacob Appelbaum Story (Demonised and Punished Behind the Scenes by Pentagon Contractor Inside Debian)
If people who got raped are reporting to Twitter instead of reporting to cops, then there's something deeply flawed
Free Software Foundation Subpoenaed by Serial GPL Infringers
These attacks on software freedom are subsidised by serial GPL infringers
Red Hat's Official Web Site is Promoting Microsoft
we're seeing similar things at Canonical's Ubuntu.com
Enrico Zini & Debian: falsified harassment claims
Reprinted with permission from disguised.work
European Parliament Elections 2024: Daniel Pocock Running as an Independent Candidate
I became aware that Daniel Pocock had decided to enter politics
Publicly Posting in Social Control Media About Oneself Makes It Public Information
sheer hypocrisy on privacy is evident in the Debian mailing lists
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Tuesday, April 30, 2024
IRC logs for Tuesday, April 30, 2024