EditorsAbout the SiteComes vs. MicrosoftUsing This Web SiteSite ArchivesCredibility IndexOOXMLOpenDocumentPatentsNovellNews DigestSite NewsRSS

12.04.17

SUEPO on “the Belief of the President That He is Above the Law.”

Posted in Europe, Law, Patents at 2:41 am by Dr. Roy Schestowitz

And this is the man who is rumoured to be candidate for head of a Unified Patent Court?

Fair trial

Summary: Battistelli’s track record when it comes to justice (or judges) suggests that he is a toxic individual and a menace to the very foundations of a legal system

SUEPO, the staff union of the EPO (which predates even the EPO itself!), wrote a letter about 3 years ago. With Battistelli due to leave the Office in half a year (putting aside the fact that, as we last noted last night, what we see in the EPO right now may be tandemocracy), we need to look back and understand who and what led to the escalation. We reluctantly accept that Europe might descend into Kremlin standards (like tandemocracy) with ENA in positions of power, not only in the French government but also international institutions like CEIPI in France (to be chaired by Battistelli).

Putting narcissistic people in positions of power is dangerous enough as it is. Before Battistelli became EPO President he was deemed unfit in an assessment; somehow he made it anyway. Nicolas Sarkozy (same party as Battistelli) is said to have intervened, so it was a political decision. Watch how he dealt with courts (a scary thought as he allegedly wishes to preside over UPC):

President refuses mediation proceedings proposed by the Munich Employment Court

Dear colleagues,

We reported on 7 May 2014 on the SUEPO Berlin and SUEPO Central case against the EPO, which has been transferred to Munich. In the first hearing on 17 April 2014, the judge formally requested the parties to consider a judicial mediation according to § 54(6) ArbGG or a conciliation procedure according to § 54a ArbGG.

SUEPO Berlin and SUEPO Central immediately confirmed their agreement to the procedures. The EPO first asked for an extension of the deadline, and finally stated to the Court on 27 May 2014 that:

The EPO is neither interested in a judicial mediation nor in a conciliation procedure.

The EPO pretends in its reply that the following points support its position:
- A judicial mediation would not be possible because of the immunity which cannot be waived.
- Beside the legal issue of the immunity and the judicial proceedings, the President refuses any mediation approach, arguing that SUEPO’s behaviour in advance to their complaints with national Courts was inappropriate.
- The agreement of SUEPO to the procedures should be regarded in the light of further litigation in which SUEPO is engaged, also against the Federal Republic of Germany.
- A conciliation procedure would also not be possible because of the immunity.
- In addition, the EPO considers the “campaign” of SUEPO against the Office and its President as inacceptable and disproportionate. This renders the possibility of reaching a friendly agreement almost impossible.
- The EPO has already reacted on the “unrest” by introducing “social democracy”. This project should improve the internal dialogue between management and staff in the Office.
- The legal status of SUEPO is unclear.
- Furthermore SUEPO has no standing according to the internal legal basis of the EPO.
- A wish for change cannot not be pursued by legal, but by political means only.

You may now assess yourselves Mr Battistelli’s repeated indication that his door remains open. The Administrative Council should also consider in how far the social partners – SUEPO and the President – showed a sense of responsibility in order to achieve a real and fruitful dialogue.

We regret that the President has not accepted our proposal for a new basis of social dialogue, see draft proposal for a “Framework Agreement”. His refusal of mediation proceedings as proposed by the Munich Employment Court and the reasoning given demonstrate a lack of openness for dialogue. It also shows the continued failure to recognise the legitimacy of SUEPO as a social partner, a clear violation of fundamental rights, and a lack of understanding of the concerns of staff. There is also a tone in the reasoning which suggests the belief of the President that he is above the law.

After a further hearing (an exact date has not yet been set), the Munich Court will now have to decide on the claims which are: the official recognition of SUEPO as social partner, the abandonment of the new strike regulations, and the lifting of the email blockage for SUEPO. We will keep you informed.

Later that year Battistelli attacked judges, even though he was not permitted to do this. That says so much about Battistelli’s view of justice. He’s just a Mafioso with political access.

Share in other sites/networks: These icons link to social bookmarking sites where readers can share and discover new web pages.
  • Reddit
  • email
  • Slashdot

If you liked this post, consider subscribing to the RSS feed or join us now at the IRC channels.

Pages that cross-reference this one

What Else is New


  1. IRC Proceedings: Tuesday, August 04, 2020

    IRC logs for Tuesday, August 04, 2020



  2. SUSE is Still Pushing Microsoft Proprietary Software and Bragging About the Novell Patent Collusion With Microsoft

    SUSE seems to have learned no lessons after the aftermath of its (or Novell’s) Microsoft patent scam, which had been negotiated partly by Miguel de Icaza (now working directly for Microsoft) before causing Novell to collapse and offload its patents to Microsoft (‘TikTok operandi’ or asset stripping); the past cannot be left behind if SUSE — like Novell — celebrates and perpetuates that past



  3. Release: 29 Pages of Internet Access Report About Pedophile Working for Bill Gates at His Home

    As we’ve found nothing too sensitive in the document, today we’re finally disclosing and publishing the second release (first one published yesterday); this includes network addresses used on the devices of the engineer of Bill Gates, who had a laptop and external hard drives (portable) with plenty of child pornography (imagery and videos)



  4. Links 4/8/2020: Kodachi 7.2, Collabora Office 6.4

    Links for the day



  5. [Meme] Nadella is Doing With Donald Trump What Ballmer Did With Elop and Icahn to Steal Other Companies (Nokia and Yahoo, Respectively)

    The illegal (attempted) confiscation of a Chinese company to distract from or compensate for Microsoft's collapse reminds us that Microsoft is only getting worse and more malicious under Nadella, who is happy to liaise with a hugely corrupt and racist regime



  6. We Don't Really Know How Many People Died With (or From) COVID-19 and How Many Will Die After Home Recovery or Release From Hospital

    The coronavirus pandemic that began last year as an epidemic (COVID-19) is still a very serious problem, even half a year after its widespread arrival in Europe; it's important to emphasise the importance of not down-playing this problem (which is far from solved) because social control media is full of junk



  7. IRC Proceedings: Monday, August 03, 2020

    IRC logs for Monday, August 03, 2020



  8. Release: Police Report About Arrest of Bill Gates Engineer for Pedophilia (Detained at Residence of Bill Gates)

    Today we release 15 pages (amongst almost 3,000 pages we have) about the Jones arrest; this includes details about what happened when the detectives came to the home of Bill Gates



  9. Bill Gates' Personal Engineer Rick Jones is Connected to Other Child Pornographers. One Key Contact Works (or Worked) Indirectly for Microsoft.

    MagicHour listed Microsoft among their clients, as we noted before, and the full (redacted for child porn reasons) name is Brett Paine. We had reached out to the employer (several of us, separately), but we never received any reply.



  10. Links 3/8/2020: Linux 5.8, GNU Linux-libre 5.8, Libinput 1.16, Rust 1.45.2, Julia 1.5

    Links for the day



  11. IRC Proceedings: Sunday, August 02, 2020

    IRC logs for Sunday, August 02, 2020



  12. [Meme] Is It Not a Layoffs Round When You Rebrand It?

    More and more Microsoft layoffs; but the media is hardly interested in reporting those and/or analysing the growing scale of the layoffs (about half a dozen rounds of layoffs this summer alone)



  13. IBM is Already Gutting Red Hat and Firing Employees Without Warning, Jim Whitehurst Isn't Even Using GNU/Linux

    The situation at Red Hat isn’t good, employee morale is very low, and yet — perhaps unsurprisingly — nobody seems to be talking about it (at least not in the mainstream media)



  14. Microsoft Lays Off Many More Workers in the Advertising Division/s and Terminates Products While the Press is Distracted by TikTok Rumours

    Microsoft is laying off a huge number of workers without properly reporting these and whilst exploring ways to divert attention away from those layoffs



  15. Links 2/8/2020: Wine-Staging 5.14, VokoscreenNG 3.0.5

    Links for the day



  16. IBM and the Bomb - Part VI: Diplomacy Replaced With 'Trade' (Money Over Politics), or How Watson Jr. Was Sold to the Public, in the Same Way His Father (IBM Co-founder) Sold His Business Relationship With Dictators Like Hitler

    Sometimes people are led to believe that corporations directly and indirectly run their country; judging by the events of 4 decades ago (IBM chief becoming the American representative in Russia/Soviet Union), this is hardly a new thing and it's not a myth, either



  17. IBM and the Bomb - Part V: Arms Control by Company That Profits From Nuclear Arms? World War II Mistakes Repeated?

    A decade after the end of the deadliest war his father died and two decades later he repeated the same mistake — the error of conflating business with politics, as if maximising revenue would miraculously achieve the best outcome for nations as well



  18. IRC Proceedings: Saturday, August 01, 2020

    IRC logs for Saturday, August 01, 2020



  19. Links 2/8/2020: Nitrux 1.3.1, Debian GNU/Linux 10.5 “Buster” and Wine 5.14 Released

    Links for the day



  20. [Meme] Privilege: When They're Born Into Money That Means They Know Everything About Anything

    Tens of thousands of nuclear weapons were in 'safe hands' because rich kid Tom was representing the United States in Russia (USSR at the time), having proven his skills by being born to the man who had met Hitler and made lots of money in the Third Reich



  21. IBM and the Bomb - Part IV: IBM's Watson Came Under Fire for Representing the U.S. in U.S.S.R./Russia With No Qualifications or Any Relevant Experience

    There was certainly resistance to "Mr. rich man" Watson Jr. becoming a US diplomat owing to privilege (born into the 'right' family) rather than experience and/or political track record, symbolising a sort of "revolving doors" phenomenon -- namely overlap between business and politics, or money and power, respectively



  22. IBM Loves Power (and Nuclear POWER, or Expensive OpenPOWER) More Than It Loves GNU/Linux

    As we noted last week, IBM is very close to Modi because it is moving a lot of its workforce to India and this can become a future liability to IBM’s reputation (or lack thereof) as a tolerant firm



  23. IBM and the Bomb - Part III: IBM's Watson Jr. Rose From Business V.I.P. to U.S. Ambassador in the Soviet Union During the Cold War (Which IBM Profited From)

    Like his father, who was IBM‘s co-founder and later president of the International Chamber of Commerce (ICC), which helped the Nazis, Watson Jr. entered US and international politics in his later days; recently-declassified documents show us his political legacy



  24. Donald Trump's Trash Against China Helps Prop up Microsoft Monopoly and Distract From All the Microsoft Layoffs

    Microsoft as a surveillance giant of the United States government isn’t a myth; it was first in the PRISM programme of the NSA (Bill Gates is a loud proponent of NSA surveillance), it took over European Skype under mysterious circumstances, and now it might be getting TikTok as a ‘gift’ from Donald Trump’s friends and the imperialists, in effect confiscating Chinese assets for full-spectrum dominance



  25. [Meme] Testosterone Patent Office

    When you're running an office that's barely diverse at all and you paint a misleading picture of it expect backlash



  26. The Criminals Who Run the EPO Are Exploiting Lesbian, Gay, Bisexual and Transgender People to Distract From Their Corruption and Crimes

    The misuse of social justice causes by corporate interests has become grotesque; more people ought to speak about the ramifications and object/work against this misuse, which mostly serves to obscure or distract from the biggest issues



  27. EPO Workers Are Losing Their Homes and Losing Their Time Off; It's All About So-called 'Production'

    As another wave of attack on labour rights, European Patent Office (EPO) workers turn their homes into their workplaces and they no longer enjoy any real breaks from work (they work all year around, sometimes until midnight and overnight); they’re supposed to be thankful and even happy as if António Campinos does them a favour by not firing them (at least not yet) and because there’s a health crisis they should be grateful for anything thrown at them (Benoît Battistelli + disaster = Campinos)



  28. IRC Proceedings: Friday, July 31, 2020

    IRC logs for Friday, July 31, 2020



  29. Managing IP Still Champions Fake 'News' for Team UPC

    Managing IP does not care about its reputation; all it cares about is appeasing its clients by spreading falsehoods and perpetuating baseless hope



  30. Links 31/7/2020: Sys Admin Appreciation Day, GTK 3.99, Alpha of Wayland's Weston 9.0

    Links for the day


RSS 64x64RSS Feed: subscribe to the RSS feed for regular updates

Home iconSite Wiki: You can improve this site by helping the extension of the site's content

Home iconSite Home: Background about the site and some key features in the front page

Chat iconIRC Channel: Come and chat with us in real time

Recent Posts