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

"My Hands Are Shaking While Writing" About IBM's Mass Layoffs at Red Hat (Bluewashing)
Shame, shame, shame on the corporate media for not covering Red Hat's layoffs this year
Taking a Look at the Last Articles of Bob Cringely at Forbes, They Were All About IBM and Its Collapse
It's all about IBM
What is "Computer Science"? It is What Broligarchs Reject.
Nowadays some people call themselves informal terms or made-up titles (with terms like "AI" or "big data" or "data" tossed into the mix)
Brigading Against Women - Part XXVII - Americans and Public Executions
"People who work for Facebook / Xitter / Bytedance's Tiktok / Microsoft / Oracle / IBM / Apple / Uber / Lyft / Wolt / DoorDash / AirBnB / Bolt / and so on are doing some world-class projection when they have the audacity to call others Bad People(tm)"
Gemini Links 12/10/2026: Westminster Quarters, Civilization, Luddites, and More
Links for the day
 
Microsoft's XBox CEO Spoke of a "Return to Growth" Last Week, But XBox Sales Lowest in XBox History (Quarter of a Century)
Microsoft's XBox is dying. It's a countdown to nothingness.
Links 12/10/2026: Shopify (Slop Booster) Has Security Issues, "Russia’s Yandex Says Data Center in Vladimir Shut Down After Drone Attack"
Links for the day
Microsoft Windows Causes Problems (and Delays) to LibreOffice and The Document Foundation
Nothing would please Microsoft more than Windows curtailing the development of LibreOffice and adoption of ODF
So Far This Year Microsoft Windows Lost a Lot of Ground in China, GNU/Linux Gaining at Its Expense
GNU/Linux will soon exceed 10%
Lessons of Margaret Hamilton (Software Engineer)
Stop abetting men who attack women in the sciences
RIP, Bob Cringely
He was too young to leave us, his articles were still brilliant and his mind as lucid as ever
Linus Torvalds Has a Conflict of Interest Regarding Slop
Linus Torvalds is paid by the slop pushers
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Sunday, October 11, 2026
IRC logs for Sunday, October 11, 2026
Africa Sees GNU/Linux Exceeding 5% "Market Share"
It wasn't always like this. It used to be measured at 1 or 2 percent.
Slop-ware Is Not Newsworthy
LLMs are exceptionally loquacious and create large code bases
Links 11/10/2026: US Sides With Vladimir Putin, Convicted Felon Dubbed "Agent of a Foreign Power"
Links for the day
IRC Tracker Back in Order, Number of Known IRC Networks Continues to Increase
We don't know if our article helped trigger a resolution
Links 11/10/2026: "Execution TV" (Iran Aped by US) and ‘Digital Oblivion’ Caused by Slop Frenzy Online
Links for the day
Voice for the Impoverished
the country's leaders attack the country's own press
Gemini Links 11/10/2026: Adults Dressing Up as Animals, 44th Birthday, and More
Links for the day
Running a Country's Economy by Borrowing Over $400,000,000,000 Per Month
This is the hallmark of an economy in irreversible decline
Brigading Against Women - Part XXVI - Trying to Deplatform Critics of Microsoft's Restricted Boot
Like James Bottomley, Matthew Garrett served Microsoft's agenda while employed and salaried by other companies
Anderon Is Not a Real Company, It's an IBM Bailout Dressed Up or Wrapped Up In Buzzwords
It certainly does seem like they receive money from taxpayers for nothing, or for IBM to do mass layoffs/closure at Albany under the guise of "making a new spinoff"...
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Saturday, October 10, 2026
IRC logs for Saturday, October 10, 2026
Gemini Links 10/10/2026: Radio Romania International, Avoiding GAFAM, Open Camera, and Another Palm
Links for the day
The 2026 Slop Prediction (Slopfarms Perishing)
Morality in the "digital world" has deteriorated profoundly
netsplit.de (Survey of IRC Networks and History) Only Partly Functional This Month
Get well soon, netsplit.de
Microsoft Cuts
GAFAM enshittification
NVIDIA Acts Like It Cannot Pay Salaries (Too Many Obligations, Sales in Circular Financing, or Basically Accounting Fraud)
Masters of acting as clients of themselves
Paying for elections, Reform UK illegal confession in High Court
Reprinted with permission from Daniel Pocock
Contemptuous Law Firm Accusing Others of Contempt of Court
Keeping a running tally can help
Links 10/10/2026: Let's Encrypt Making Changes (Problem for Small Sites/Operations), Quartz is Officially a Slopfarm (Busted)
Links for the day
Microsoft Abuses PERM and Lays Off Workers in India
The US government has made it easier for Microsoft to hide the mass layoffs
The GAFAM Elections in the United States
If the election is run by platforms that have back doors "baked-in" and if the communications are overseen by GAFAM, you would not have to be a "nutty MAGAt" to dispute the outcome
More GAFAM Layoffs (Late on Friday Night)
They say they are worth trillions, but they don't even make money
Male-Dominated EPO Fails to Have "Concrete Measures to Support Female Staff"
Being a female at the EPO is exceptionally hard
Brigading Against Women - Part XXV - No Anonymity for People Who Did Illegal Things
"Empathy is the sunlight to the vampire of culture."
Production Freeze at the European Patent Office (Opposing Monarchy, Institutional Maladministration and Corruption)
Eight reasons to participate
Links 10/10/2026: Microsoft 'Open' 'AI' Silencing Critics, "Data Centres are the New Front Line in the Russia-Ukraine War"
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Friday, October 09, 2026
IRC logs for Friday, October 09, 2026
Gemini Links 10/10/2026: Optimism, Stargazing, "Life Without Smartphone", and Fairphone 4
Links for the day