Bonum Certa Men Certa

The EPO's Central Staff Committee Explains How Battistelli's Attacks on Judge Corcoran Annul Any Perception of Independence

And the German Constitutional Court should thus can the UPC

Fair trial



Summary: The letter regarding the 'exile' of Patrick Corcoran (currently in DG1) is trickling out in spite of efforts to suppress its publication (even internally)

THE staff representatives of the EPO have plenty to worry about because ILO and the AC remain in Battistelli's pocket and he seems capable of doing whatever he wants without any consequences.



A report which we saw last week mentioned a letter regarding the forced removal ('exile') of a judge to The Hague, under the direction (his DG!) of Battistelli. Since then we have tried getting hold of that letter, hoping someone will eventually send it to us.

"The EPO is currently censoring the publication on the Intranet of a CSC open letter to the Delegations of the AC," SUEPO wrote. "Following a request from the CSC we hereby publish the letter with its accompanying text."

So here we have censorship by the EPO yet again. Here's the accompanying text:

AC Disciplinary Case [D1/15] settled?

In its Communiqué of 19 December 2017, the Administrative Council announced that “it took a final decision in a disciplinary case [D1/15] against an employee appointed by the Council - a case which had attracted significant public attention.” and for which the ILO Administrative Tribunal already delivered Judgments 3958 and 3960 ordering the immediate reinstatement of the suspended member of the Boards of Appeal (BoA), whom the Council then declined to re-appoint. The employee was first reinstated in the BoA in Munich for a few days.

In January 2018, the Office informed him that he will be permanently transferred in February 2018 to a post of Senior Expert in Classification expressly created for him in The Hague, pursuant to Art. 41(3) ServRegs.

However, the employee never performed classification work and is instead specialised in substantive examination and legal matters. The assignment to completely new duties is clearly against the interests of the service and betrays the aim of the Office Administration: impose a further covert disciplinary sanction and ultimately engineer a situation of "constructive dismissal" for professional incompetence under Art. 52 ServRegs.

This decision will reopen the discussion on a case meant to be settled.

In its Communiqué, the Council “underlined its expectation that now - after a long period of intense debate - legal peace would be restored.” The ball is now again with the AC if it wants it to be fulfilled.

The letter to the Heads of Delegations of the Administrative Council can be found here.

Your Central Staff Committee


Here is the letter referred to:

Heads of Delegations of the Administrative Council

Open letter

Forced transfer of a former judge from Munich to The Hague

Dear Heads of Delegations,

In its Communiqué1 of 19 December 2017, the Administrative Council announced that “it took a final decision in a disciplinary case [D1/15] against an employee appointed by the Council - a case which had attracted significant public attention.” and for which the ILO Administrative Tribunal already delivered Judgments 39582 and 39603 ordering the immediate reinstatement of the suspended member of the Boards of Appeal (BoA), whom the Council then declined to re-appoint. The employee was first reinstated in the BoA in Munich for a few days.

In January 2018, the Office informed him that he will be permanently transferred in February 2018 to a post of Senior Expert in Classification expressly created for him in The Hague, pursuant to Art. 41(3) ServRegs. This decision will reopen the discussion on a case meant to be settled:

● First, the Tribunal clearly acknowledged the moral prejudice caused to the employee since December 2014. Transferring him to a country in which he had never lived is a further burden for him and his family. The Office did not fulfil its duty of care by assessing medically whether the employee was fit for a transfer. For medical or personal reasons, the employee may have to refuse to be transferred and in such case the President may decide to terminate his service (Art. 53(1)(b) ServRegs).

________ 1 https://www.epo.org/about-us/governance/communiques.html#a36 2 http://www.ilo.org/dyn/triblex/triblexmain.fullText?p_lang=en&p_judgment_no=3958 3 http://www.ilo.org/dyn/triblex/triblexmain.fullText?p_lang=en&p_judgment_no=3960




● Second, the employee never performed classification work and is instead specialised in substantive examination and legal matters. The assignment to completely new duties is clearly against the interests of the service and betrays the aim of the Office Administration: impose a further covert disciplinary sanction and ultimately engineer a situation of "constructive dismissal" for professional incompetence under Art. 52 ServRegs.

France Telecom, a company formerly including civil servants with lifetime job guarantees in its workforce, organized involuntary transfers of employees in order to pressure them to leave. At the same time the number of suicides increased drastically. Since then, such practices are considered4 to be “particularly disruptive”.

The decision of the Office Administration will also have consequences in pending national proceedings before the German Constitutional Court (Bundesverfassunsgericht), which concern the standing and independence of the BoA. The Court will pay particular attention to the treatment of a former member of the BoA under the authority of a President who was already found by the Tribunal to have a conflict of interest in the matter.

More generally, interested circles will also note how easily the EPO Service Regulations can be misused to (try to) get rid of colleagues, who are supposed to be “permanent employees”, in times where the President of the Office is about to submit to the Council CA/121/175 , a proposal for “modernisation” of the employment framework making the exercise even easier.

In its Communiqué, the Council “underlined its expectation that now - after a long period of intense debate - legal peace would be restored.” The ball is now again with the AC if it wants it to be fulfilled.

Sincerely yours,

Chairman of the Central Staff Committee cc: Mr B. Battistelli, President of the EPO ________ 4 http://www.nytimes.com/2010/04/10/business/global/10ftel.html 5 http://www.epo.org/modules/epoweb/acdocument/epoweb2/304/en/CA-121-17_en.pdf


Battistelli's EPO suppressed the publication of this letter even internally, so the EPO's management clearly worries that the letter will be seen, e.g. by the German Constitutional Court (Bundesverfassunsgericht). It can doom the UPC almost instantaneously (if judges see just to what degree the EPO continues to attack judges and disobey orders of judges from ILO).

Recent Techrights' Posts

Free University of Bozen-Bolzano Proud to Host Free Software Talk by Richard Stallman
ahead of Monday's talk
Slopwatch: Anti-Linux Machine-Generated FUD (LLM Slop) From GBHackers, CybersecurityNews, and Guardian Digital, Inc (Google News Promotes Slop Plagiarism, Misinformation)
Companies that lie try to drown out the signal with falsehoods
 
Links 22/02/2025: Labour Department Investigates Microsoft Infosys Amid Mass Layoffs, Large Law Firms Caught Red Handed With LLM Slop (Defrauding Clients and Courts)
Links for the day
Gemini Links 22/02/2025: Analog Stuff, Sigil, and SSGs
Links for the day
Microsoft's Market Share in Cameroon Falls to New Lows
This means a lot of Android users (iOS is about 4 times smaller), but Android does not mean freedom
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Friday, February 21, 2025
IRC logs for Friday, February 21, 2025
The Streisand Effect is Real
So don't be evil. Also, don't strangle women.
Links 21/02/2025: Linux Foundation Openwashing, Microsoft Copilot Goes Down
Links for the day
Links 21/02/2025: Doomscrolling and European Ham Radio Show
Links for the day
Links 21/02/2025: TikTok Layoffs, WebOS Software Patents in Bad Hands
Links for the day
Gemini Links 21/02/2025: Web Browsers, Mechanical Shortcuts, and Internet Hygiene
Links for the day
Richard Stallman 'Only' Founded the FSF
there's no reason to be upset at the FSF for keeping their founder in the Board
Techrights Disconnected From the United States Two Years Ago
Did people really need to wait for the US government to become this hostile towards the media before recognising the threat?
Before Trying Censorship by Extortion the Serial Strangler From Microsoft Literally Begged Us to Delete Pages
This is very clearly just a broad campaign of intimidation
Hype Watch: Weeks After Microsoft Disappointed Investors With "Hey Hi" It's Trying Some "Quantum" Hype (Adding Impractical Vapourware to Accompany This Hype and Even LLM Slop in 'News' Clothing)
Remember "metaverse"? What happened to media hype about "blockchain" and "IoT"?
Report About February Mass Layoffs at Microsoft (Third Wave of Microsoft Layoffs in 2025) Comes Back From the Dead
Yesterday we wrote about an article in CRN (reporting Microsoft layoffs) being removed without any reasons specified
Links 21/02/2025: Myanmar Scam Centre and Disruptions at USPTO
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Thursday, February 20, 2025
IRC logs for Thursday, February 20, 2025
gbhackers.com is Not Hackers, It's LLM Slop Outputs (Fake 'Articles') That Attack 'True Hackers'
A site called linuxsecurity.com keeps doing this and now we see the slopfarm gbhackers.com doing the same
Gemini Links 20/02/2025: Law of Warming and Cooling, Health, and Devlog
Links for the day
linuxsecurity.com Continues to Spread Lies or Machine-Generated FUD (Microsoft LLMs Likely the Source) About OpenSSH and Linux
this LLM problem is global
Links 20/02/2025: Microsoft Infosys Layoffs and IRS Layoffs (Good News for Rich Tax Evaders)
Links for the day
IBM Layoffs in Europe Already Happening or Underway (UK and Spain). They Try Not to Call These "Layoffs".
"CIO" in particular was repeatedly mentioned lately, as was Consulting
People Who Came From Microsoft Demanding Removal of Articles About Them, About Microsoft, and About Microsoft GitHub is "Generous" (According to Them)
Imagine choosing a law firm that borrows money in the same year just to avoid overdraft in the bank!
Possibly a Third Round of Mass Layoffs at Microsoft in 2025 ("Cloud Solution Architects, Customer Roles"), Report Removed or Censored
This is literally the top story for "microsoft layoffs" right now
Instead of 'DoS Protection' Cloudflare is Allegedly Conducting 'DoS Attacks' on Users of Browsers Other Than Firefox and GAFAM's DRM Sandboxes (Chrome, Safari and Others)
If you value the Web, you will avoid Cloudflare
Mixing Real With Fake in One 'Article' (by "Director of Content, Help Net Security")
From what we can gather, he got machines to generate some slop for him
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Wednesday, February 19, 2025
IRC logs for Wednesday, February 19, 2025