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

How to Tackle Corruption Effectively and Gradually
In my personal, humble experience
European Patent Office (EPO) Series: A Tale of Two Antónios
"Campaign for the Re-Appointment of the President"
Trusting Microsoft is Foolish
Mr. Rossmann says they "gaslight customers" in their Web site, but it goes a lot further than this
SLAPP Censorship - Part 94 Out of 200: SLAPP by Garrett's Litigation Buddy Started 20 Months Ago, He Has Not Even Put in His Defence Yet!
This is what happens when one deals with incels and misogynists who promote slop and Microsoft
 
Rust is a Disaster for Both GNU and Linux, But 'Linux' Foundation (GKH) Keeps Promoting It Despite the Problems
And non-GPL licences
IBM's CEO and his "pump and dump scheme" ("Arvind's lies about quantum")
Don't be misled by Wall Street
Gemini Links 01/06/2026: Xylophone Essay, Ham Radio, and Slop Contaminating USENET/Newsgroups
Links for the day
Links 01/06/2026: Patent Applicant Disclosures Drop After the January 2025 IDS Surcharge, "China Exports Surveillance"
Links for the day
Links 01/06/2026: Irreversible GAFAM Bans and "The Pirate Bay Remains Resilient"
Links for the day
Running and Writing Sites for People, Not Bots (Including Search Engines)
Had those sites spent more time focusing on RSS feeds (not social control media "games") and less on SEO (trying to game search engines), they wouldn't be sobbing now
SBB, the Swiss Railroads, Want to Hear Richard Stallman
Can Dr. Stallman persuade key decision makers to adopt not only "Linux" but also Software Freedom (not the same thing), as he did in South American before? Or like he did in Kerala?
Resumes and Vanity Pages
Wikipedia is fast becoming a glorified marketing company
Techrights in a Nutshell, in Very Generic Terms
"for dummies"
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Sunday, May 31, 2026
IRC logs for Sunday, May 31, 2026
Gemini Links 01/06/2026: Buckingham Palace Garden Party, TUI Annoyances, Lateral Thinking with Withered Technology
Links for the day
Links 31/05/2026: Heat Wave Grips France and Edgar Morin Dies
Links for the day
Gemini Links 31/05/2026: Backup vs. Mirror, Year of the Death of a Euphemism, Slop Makes Only Yet Another (Untested) Calculator
Links for the day
IBM Red Hat Has a Long History or Track Record of Misusing Trademarks to Send Lawyers to Try to Take Down Pages and Web Sites of Critics
Red Hat claims to own words; IBM thinks it owns names
Richard Stallman is Coming Back to Bern to Give a Talk Next Month
another big talk coming up
Gravitating Towards What Your Role in Society May Be (or What You're Truly Good At)
Many IBMers already realise that they spent years if not decades of their lives working on mostly meaningless products/projects
900 Days Later
900 days is a very long time (almost 1,000)
Cybershow Requires Free Software to Record Shows
Cybershow is run by people who understand that without Software Freedom there can be no sovereignty
Losses at Microsoft's GitHub Seem to be Deepening
How many billions of dollars has Microsoft lost by betting on the false prediction that it can somehow "monetise" public code by LLMs?
Links 31/05/2026: Slop 'Code' (Junk) "Increasingly Leads to Production Failures" and "Huge Slop Costs With No Clear Benefits"
Links for the day
European Patent Office Strikes Intensify Tomorrow, Huge Strikes Planned for June, 10,000 Strike Participations Registered
Campinos may well be ousted soon
SLAPP Censorship - Part 93 Out of 200: A Blueprint of Reckless Lawfare in the UK, Waged and Funded by Americans (in Another Continent)
Lawfare powered by slop companies (including Microsoft) from America, targetting British people who consistently oppose slop because it's objectively terrible
Links 31/05/2026: Watershed Moment, Traveller RPG Book Binding, and GUI Annoyances
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Saturday, May 30, 2026
IRC logs for Saturday, May 30, 2026
IBM CEO Can Become a Billionaire by Laying Off Tens of Thousands of Workers (or Buying Companies Using Borrowed Money, Only to Lay off Thousands in Them)
Like he did Confluent recently
Reminder That Linuxiac is a Slopfarm or Hybrid of Bobby and His LLMs
LLM fetishist that claims to cover Linux
BetaNews is Still Publishing Fake Articles, Sometimes Fake News, or LLM Slop Disguised as 'Journalism'
Slop isn't yet a thing of the past, but hopefully we'll get close to that by the end of this year
Gemini Links 30/05/2026: Writer's Block, Evil GAFAM (Google), and Scepticism of Slop
Links for the day
Links 30/05/2026: Fairphone 6, China’s Rise in Drug Development, Slop Wastes Money Without Delivering Value
Links for the day
Links 30/05/2026: Alarm Over Large Companies Cancelling Slop Contracts, Ozzy Osbourne Resurrection as Slop Draws Ire
Links for the day
Red Hat Exodus or RAs (or PIPs) in 2026 Not Limited to China, IBM is Doing Well at Hiding Layoffs
All we need to know is, does IBM hand out lots of PIPs?
SLAPP Censorship - Part 92 Out of 200: A Spouse Cannot be Turned "On" and "Off" Like a Faucet
Today's part will be very short because we keep the parts shorter in weekends and summer is officially around the corner (June on Monday)
The Register MS Has Just Published Fake Article That Mentions "AI" 23 Times. "Sponsored by Arm." It Does This Every Day.
A lot of the time we see this term everywhere in "the news" simply because slop pushers are paying for it
SQLite Under DDoS Attack by Slop Reports or Fake 'Bugs' (Just Like cURL and Many Other Projects)
Even Linus Torvalds is starting to talk about this
IBM: The B Turns From "Business" to "Bailouts" to "Buybacks" ("IBM is the Next Intel")
Trying to shore up the falling share price/stocks while veteran workers and Vice President (with high salaries) are cut off
Links 30/05/2026: More GAFAM (Amazon) Mass Layoffs, Peter Schiff Warns of Trillion-Dollar Slop Bubble Waiting to Implode
Links for the day
Slop is Plagiarism
Trillions of dollars down the drain, invested in a dud
Gemini Links 30/05/2026: Rehabilitation and Taming Emacs Cache and Temporary Files
Links for the day
Richard Stallman (RMS) Talks and Secure Transmission of Private Communications in Formats Everybody Can Access With Free Software
Maybe the FSF should step up a bit the campaign to use Free software to communicate with one another
General Consultative Committee (GCC) Discusses Working Conditions of Employees of the European Patent Office (EPO)
On the agenda: Salary Erosion Procedure, Breastfeeding Policy, New Amicale Framework, Public Holidays 2027
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Friday, May 29, 2026
IRC logs for Friday, May 29, 2026