Bonum Certa Men Certa

EPO Staff Representatives Explain Why the Appeals Committee is Flawed and Transparency is Lacking

António Campinos fair trial



Summary: The Administrative Tribunal of the International Labour Organisation (ILOAT) is still as toothless as ever, so workers are basically at the mercy of a dictator (António Campinos); EPO staff has been trying to correct this for a very long time and Joachim Michels (Chairman of the Central Staff Committee) explained one year after Campinos had joined the Office that "independent committees who play an important role in the Office, namely the Appeals Committee (ApC) and the Disciplinary Committee (DC), the same level of transparency does not currently apply."

SIX months ago the Central Staff Committee of the EPO released a chain of letters/correspondence about the "functioning of the ApC" (Appeals Committee), taking note of several issues that persist since the Benoît Battistelli era. Of course, as usual, António Campinos does nothing to address such issues. He is to Battistelli what Fanta was to Cola.



Here's an introduction to the chain of letters:

Letter to the President indicating five key elements for the Appeals Committee
The proper functioning of the Appeals Committee (ApC) has been a recurring topic in discussions with the President, both orally and in writing. Among others we have insisted to be involved in the “Appointment of the Chair and two Vice-Chairs of the ApC” (see our letter of 31 January and our reminder of 3 April 2020 ) to be made before 5 October 2020. However, until now we have not received any real commitment from the President.

In his recent letter of 22 April 2020, the President refers once again only to his commitment to keep us informed on the round of appointments in 2020 (see his letter of 12 November in reply to our request letter of 24 July 2019 on “Transparency in duty allowances and appointing procedures for the ApC”). He mentions then further the necessity of discussions with all stakeholders to improve the functioning of the ApC before submitting proposals to the Administrative Council.
 
To this end, we listed five key elements for the neutrality and good functioning of the ApC:



  • The nominations of the Chair and the Vice-Chairs of the ApC should be based on mutual agreement between the President and the Central Staff Committee and should respect diversity;

  • All staff members should be eligible to function as members of the ApC;

  • The independence of the members should be protected by the Service Regulations;

  • The procedure before the ApC should be guided at all stages by the principles of fairness and equal treatment. Proper fact finding and the right to be heard are mandatory principles, in line with the case law of the Tribunal;

  • Members of the ApC should be given enough time in order to perform their duties properly.



We informed the President that we are ready to embark immediately into discussions in a small working group and nominated our representatives.




We look forward to being invited soon to a kick-off meeting.



We've decided that now, after 6 months, it would be worthwhile reproducing those letters as HTML rather than plain text/images (where OCR/text isn't available).

Here's the correspondence from January (sent to Campinos):

Reference: sc20015cl-0.3.1/5.2 Date: 31.01.2020

European Patent Office | 80298 MUNICH | GERMANY Mr António Campinos President of the EPO

ISAR - R.1081

Appointment of the chair and two vice-chairs of the Internal Appeals Committee pursuant to Article 111(2) ServRegs

Dear Mr. President,

You will appoint the chair and two vice-chairs of the Internal Appeals Committee before 5 October 2020. The Administrative Council will also make appointments for their Appeals Committee pursuant to Article 111(1) of the Service Regulations.

The CSC is convinced that the good functioning of the Appeals Committee is of particular importance in order to ensure social peace and legal certainty in the Office and to avoid further litigation before the Administrative Tribunal of the International Labour Organisation. This requires that staff must trust and accept the proceedings and the opinions delivered by the Appeals Committee. This is why the persons whom you will appoint will have a very important role to play.

The CSC is willing to play its part constructively and therefore asks for participation in the forthcoming selection of the chair and vice-chairs. In view of the time remaining, the CSC would very much welcome an early start of the selection process and in particular an early publication of the vacancy notices for the positions of chair and vice-chairs.

Yours sincerely,

Joachim Michels

Chairman of the Central Staff Committee

Annex.: Letter to Mr J. Kratochvíl, Chairman of the Administrative Council



And the annexed letter to the person who is supposed (in theory) to oversee Campinos:

Reference:sc20016cn-0.3.1/5.2 Date: 31.01.2020

European Patent Office | 80298 MUNICH | GERMANY

Chairman Administrative Council Mr Josef Kratochvíl

Room – R. 1041

Appointment of the chair and two vice-chairs of the Appeals Committee pursuant to Article 111(1) ServRegs

Dear Mr Kratochvíl,

The appointment of the chair and two vice-chairs of the Appeals Committee pursuant to Article 111(1) ServRegs dealing with appeals against decisions taken by the Administrative Council must be made by 5 October at the latest.

The President of the Office will also have to make appointments pursuant to Article 111(2) ServRegs. We have informed him of our willingness to play a constructive role in the selection process (see attachment) because we consider the involvement of the Staff Committee in the selection of chairpersons to be highly desirable in order to ensure a high level of acceptance of the appeals system by staff.

We would very much welcome the earliest possible start of the selection procedure, in particular the early publication of the vacancy notices. We hope to receive positive notification and we thank you for your kind consideration.

Yours sincerely,

Chairman of the Central Staff Committee

Annex.: letter to Mr A. Campinos; President of the EPO


That was a month or two before Europe was overrun by COVID-19 and the European Patent Office shut its doors. Campinos had to be remined yet again to bother replying (instead of shouting at people who actually care about the institution and have worked in this institution more than 10 times longer than he has):

Reference: sc20057cl – 0.3.1/5.2 Date: 03.04.2020

European Patent Office | 80298 MUNICH | GERMANY

Mr António Campinos President of the EPO

ISAR – Room 1081

Appointment of the chair and two vice-chairs of the Appeals Committee pursuant to Article 111(2) ServRegs (gentle reminder)

Dear Mr President, dear António,

Two months ago, the Central Staff Committee addressed a letter (see attachment) to you concerning the appointments of the chair and two vice-chairs of the Appeals Committee. These appointments should be made before 5 October 2020. The selection procedure should therefore take place as soon as possible. We then briefly discussed this issue with you in our face-to-face meeting on 13 February 2020. In that meeting you stated that you would come back to us soon regarding the appointments. Further discussions took place in the GCC meeting on 2 March 2020.

However, as of today we have still not received a response to our request to participate in the forthcoming selection of the chair and vice-chairs. We are therefore now reiterating our request with the hope that we can resolve this matter soon.

We understand that during the current pandemic holding interviews will be rather difficult. Still, we believe that early publication of the vacancy notices for the positions of chair and vice-chairs is appropriate as that will attract a larger pool of suitable candidates. We also believe that our involvement at the beginning of the appointment process would be appropriate, so that issues such as gender equality can be discussed before the vacancy notices are published. By us playing a constructive role in the selection process the level of confidence that staff has in the internal appeals procedure will also be improved.

Sincerely yours,

Joachim Michels Chairman of the Central Staff Committee

Annex CSC letter of 31 January 2020 (sc20015cl)


This stonewalling or snubbing is surprisingly similar to what we got accustomed to in the days of Battistelli and chinchillas slaughterer Kongstad. They just don't bother replying to whatever makes them uncomfortable. What kind of leadership is that?

Almost 3 months later, after repeated nags, Campinos finally bothered replying as follows:

Mr Joachim Michels Chairman of the Central Staff Committee By email: centralSTCOM@epo.org

Your letter dated 3 April 2020

Dear Mr Chair,

I thank you for your letter dated 3 April 2020 regarding the appointment of the Chair and two Vice-Chairs of the Appeals Committee pursuant to Article 111 (2) ServRegs.

In my letter of 12 November 2019, I already committed to keep you informed about the upcoming round of appointments in 2020 and to provide the CSC updates on the selection procedure, including advance information on the names of the considered appointees prior to public announcement.

As announced in the meantime, the Office is also exploring the possibility of extending the pool of potential appointees to the Appeals Committee. This question, together with further ways to improve the functioning of the Appeals Committee (such as adequate safeguards related notably to conflict of interest, rules of replacement, possible rotation policy, creation of 4th chamber, gender diversity, etc.) needs to be analysed thoroughly and discussed with the different stakeholders before proposals are submitted to the Administrative Council.

Unfortunately, as you have rightly mentioned, due to the current situation that we are facing with the Coronavirus, the feedback expected from the Chair and Vice-Chairs on these elements take more time than initially expected. I will, of course, inform you once I have more information and would in any event welcome that we discuss the topic during our upcoming meeting.

Yours sincerely,

Antonio Campinos


It's not entirely clear how an issue from January ended up being cast in light of "Coronavirus" and something about "gender diversity, etc." (as if the staff's interest is to be conflated with those other non-professional aspects).

Either way, previously it took him four months to respond. Here's the July 2019 letter from staff:

Reference: sc19100cl -0.3.1/1.3.1 Date: 24.07.2019

European Patent Office | 80298 MUNICH | GERMANY

Mr António Campinos President of the EPO ISAR – Room 1081

Transparency of duty allowances and appointing procedures

Dear Mr President,

Independence requires accountability, and accountability requires transparency. Transparency therefore makes a claim of independence more credible. This is why your joint May 2019 submission to the Budget and Finance Committee (BFC) on the “Workload of the Board of Auditors and related duty allowance” (CA/F 8/19) was much appreciated by the Central Staff Committee (CSC).

In this document you provided details of the workload and paid duty allowance of the members of the Board of Auditors, emphasising both the importance of their tasks as well as their independent status. The BFC endorsed your recommendation that this important document be publicly available.

However, for other independent committees who play an important role in the Office, namely the Appeals Committee (ApC) and the Disciplinary Committee (DC), the same level of transparency does not currently apply. Indeed, the duty allowances of the Chair and Vice-Chairs of the ApC and DC are not yet clearly defined in the Service Regulations.

As the independence of these committees is of utmost importance, the CSC hereby requests that said duty allowances also be a matter of public record.

The CSC is furthermore of the opinion that a redesign of the appointment process for the Chairs, Alternate Chairs and Vice-Chairs of the ApC and DC is needed, so that the appointments are made with the assent of the CSC.

We remain at your disposal for further discussion of this important topic.

Sincerely yours,

Joachim Michels Chairman of the Central Staff Committee


It wasn't until winter that Campinos bothered replying to this summer letter as follows:

Mr Joachim Michels Chairman Central Staff Committee

Dear Mr Chair,

Reference is made to your letter dated 24 July 2019 in which you expressed requests concerning the duty allowances and appointing procedures of the Chairs, Alternate Chair and Vice-Chairs of the Appeals Committee and Disciplinary Committee.

First, I am glad to inform you that, in accordance with your first request and as jointly agreed with the Chairs, Alternate Chair and Vice-Chairs of both Committees, the rates of duty allowances of the latter will be made public. Hence, said rates will be subject to a publication on the intranet page dedicated to Social Dialogue in the upcoming days.

I have also taken note of your request to "redesign" the procedures of appointment of the Chairs, Vice-Chairs and Alternate Chair. I would however like to emphasise that the current external Chairs have been appointed in accordance with the applicable provisions as recently adopted by the Administrative Council in June 2017. Nonetheless, in the spirit of openness and co-operation, I propose to keep you informed throughout the process with regard to the next round of appointments in 2020. The CSC will thus receive updates on the selection procedure, including advance information on the names of the considered appointees prior to public announcement.

I am confident that this will address your concerns.

Yours sincerely,

Antonio Campinos


And finally, here's the letter tying together the above and raising concerns about the process, almost a year later:

Reference:re20081cl-0.3.1/5.2 Date: 07.05.2020

European Patent Office | 80298 MUNICH | GERMANY

Mr António Campinos President of the EPO

ISAR - R.1081

Appeals Committee – Your letter of 22 April 2020

Dear Mr President,

The functioning of the Appeals Committee (ApC) has been a recurring topic in our discussions, both orally and in writing. In your recent letter of 22 April 2020, you mentioned the necessity of discussions with all stakeholders before submitting proposals to the Administrative Council. We share the opinion that a discussion with the Central Staff Committee is both necessary and urgent.

We would like to re-iterate our understanding of the role of the ApC. While fully supporting the idea of a change of culture from litigation to dialogue in the EPO, we believe that a properly functioning ApC is indispensable for the smooth running of the Office and – as confirmed by the ILOAT – an important element of the judicial system as a whole. Properly functioning means that the ApC can deliver opinions in short time and in a neutral manner.

The opinions should reflect basic principles of law and the case law of the Tribunal. Well-founded and clearly elaborated opinions allow the President to make decisions following the (unanimous) opinions of the ApC. This gives staff members confidence in the ApC. As a consequence, conflicts are more often than not solved internally and without subsequent escalation to the ILOAT. It is unfortunate that many appellants currently perceive the ApC as being just an intermediate step which is necessary before they can lodge a complaint in Geneva.

Five elements are key for the neutrality and good functioning of the ApC:

- The nominations of the Chair and the Vice-Chairs of the ApC should be based on mutual agreement between the President and the Central Staff Committee and should respect diversity; - All staff members should be eligible to function as members of the ApC; - The independence of the members should be protected by the Service Regulations; - The procedure before the ApC should be guided at all stages by the principles of fairness and equal treatment. Proper fact finding and the right to be heard are mandatory principles, in line with the case law of the Tribunal; - Members of the ApC should be given enough time in order to perform their duties properly.

The swift delivery of opinions can be achieved by adequate staffing of the Secretariat of the ApC.

We are ready to embark immediately into discussions with you. A small working group with motivated members from both sides would be appreciated. We therefore nominate Frédérique Chambonnet and Michael Sampels (alternate: Thomas Franchitti) from our side, and look forward to being invited by you soon to a kick-off meeting.

Yours sincerely,

Joachim Michels Chairman of the Central Staff Committee

cc.: Ms Nellie Simon; Vice-President DG4 Mr Christoph Ernst; Vice-President DG5 Ms Karin Seegert; Chief of Staff



There are several noteworthy points other than procrastination and stonewalling. But we'll come to them at a later stage when dealing with more recent letters/correspondence. Basically, there's still no access to justice at the Office and it's mostly about cover-up (covering up the abuses of management). ILOAT is still as toothless as ever, so workers are basically at the mercy of a dictator.

Recent Techrights' Posts

An American War on GNU/Linux, Software Freedom, and British Investigative, Science-Based Reporting - Part III - Very Strong Legal Basis for an Appeal
The case is now being escalated to a Foreign Secretary and former Deputy Prime Minister
No Slop Found in RSS Feeds, Only in Google News
No slopfarm will survive for very long, certainly it'll go bust as soon as readers (if it had any) know what it is
What the Solicitors Regulation Authority (SRA) and Action Fraud UK Have in Common
Don't let London become the world's "crime capital"
Dr. Andy Farnell on How GAFAM, NVIDIA and Others Lie to People Via the Sponsored Media to Prop Up Lies Under the Guise of "AI"
Lots of key aspects are covered
 
Attacks on Techrights Make Techrights Stronger and Attract More Whistleblowers to Techrights
The harder they attack us, the more productive we become
The Register MS Has Just Taken Money From Google (Where the Former Chief Editor Now Works) for Femmewashing and Ponzi Scheme Promotion
now The Register MS not only promotes a Ponzi scheme but also bags money to pretend Google respects women
People at IBM Are Still Smart Enough to Understand What's Really Going on
"I would never refer someone to work at IBM that I liked! I hope all of you have reviewed IBM on Glassdoor."
European Patent Office (EPO) to "Eventually Eliminate the Tasks Performed by Formalities Officers"; EPO Run by People Without Experience in Patents
full paper
RMS is 73 Next Week
Richard Matthew Stallman (RMS) turns 73 exactly 7 days from now
Iran & FSFE: blackmailing women, from football to the French Government (CNIL)
Reprinted with permission from Daniel Pocock
Police investigations, lawsuits & Debian leader election candidate shortage
Reprinted with permission from Daniel Pocock
Richard Stallman (RMS) Has Defeated Cancel Culture, a Mostly American Phenomenon
RMS is talking now
Links 09/03/2026: Many Security Breaches and a Pandemic of Censorship
Links for the day
People Who Work or Worked at IBM Hate It
bluewashing is only the first step
Richard Stallman (RMS) Talks in 30 Minutes, Next Stop Bern (Last Stop)
We assume he'll travel back to Boston after that
IBM's Fedora as a Booster of Slop Disguised as Code or Computer Programs
Maybe we should also stop seeing a doctor and instead ask chatbots about symptoms?
Richard Stallman (RMS) Talk Five Hours From Now
there is growing recognition for what he really did for everybody
EPO Strike 10 Days From Now, Planning Assembly Tomorrow, Last Couple of Strikes Had High Participation Rates (1,500-1,600 Staff Went on Strike)
The next strike is in 10 days' time and then there will be another strike
Links 09/03/2026: GAFAM Outsourcing, "MAGA Political Meddling" in EU, Indonesia Bans Social Control Media for Children Under 16
Links for the day
Using Slop (and Slop in Articles) to Attack Copyleft 'on Budget'
This article is pure BS from an anti-GPL and anti-RMS 'activist'
Why The Register MS Sold Out to Microsoft: They're Losing Lots of Money, The Register MS is Bleeding to Death, Based on Its Own Financial Records
With over 6 million pounds in debt (nearly 10 million US dollars) we guess it's likely some other company will take over the site (if it deems it worthwhile)
Microsofters' SLAPP Censorship - Part 7 Out of 200: Like With the Serial Strangler From Microsoft, Misuse of UK-GDPR to Try to Hide Embarrassing Facts
They do and say really bad things, then allege it's a "privacy violation" to mention those things
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Sunday, March 08, 2026
IRC logs for Sunday, March 08, 2026
Gemini Links 09/03/2026: Exponentials and Tailscale
Links for the day
Sloppyleft
Article by Alexandre Oliva
Hard to Replace 'Human Touch'
The reason many people insist on using GNU
Richard Stallman Gives Talk in 20 Hours at Ostschweizer Fachhochschule Campus in Rapperswil-Jona
The talk is in English
The Slop Companies Gamble at Our Economy's Expense and They Know It's a Losing Bet (So It's a de Facto Robbery)
The crash of this bubble isn't just inevitable, it's already happening and receding sporadically because of false announcements about money that does not actually exist (to "buy time")
Suppressing Speech by Blackmail, the Iran Story
When Debian wanted to stage a seemingly legitimate election it needed to have more than one candidate running; so eventually the female partner of a geek rose to the challenge (had no coding skills at all, no technical history in Debian) and lost to the "incumbent German"
Too Focused on Buzzwords the Media is Paid to Saturate the Collective Mind With
Just because companies do really bad things in the digital realm does not imply "AI" or follow from "AI"
Discrimination and Prejudice Against Female Journalists
we can shame people who attack a reporter on the grounds of gender
An American War on GNU/Linux, Software Freedom, and British Investigative, Science-Based Reporting - Part II - Trying to Put People in Prison for Committing the Act of Journalism
This is abuse of process
Attack on Copyright and Copyleft by Code Conversion Is Nothing New, It Predates Slop (Code Produced by LLMs) by Several Decades
Even back in the 90s many people converted programs from one language to another. That could invalidate copyleft (and copyright), which already existed
Almost a Slopless Weekend for "Linux"
Let's hope slop will come to an end or sites will cease linking to slop
Insiders Explain Why IBM is Dying and the Inherent Culture Problem
There are many ways to shave this IBM cat
Links 08/03/2026: Microsoft Lost $400 Million on "Project Blackbird" and Half the States Sue Over Illegal Tariffs
Links for the day
Links 08/03/2026: Cisco Holes Again and "Blatant Problem With OpenAI That Endangers Kids"
Links for the day
Activism/Journalism in Our Blood
one must fight for one's principles
Gemini Protocol in Its Prime
What's particularly neat about Gemini Protocol is that it's fast and cheap
Microsofters' SLAPP Censorship - Part 6 Out of 200: Intentionally Misnaming Women, People Who Offered to Testify That They Too Had Been Subjected to Similar Abuse
Today it is International Women's Day
Even Fedora Leadership Cannot Figure Out the Microsoft Kill Switch/Back Door, 'Secure' Boot
It does not actually enhance security
Bruce Perens: Richard Stallman "Has Achieved His Goal"
Stallman's next talk is tomorrow
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Saturday, March 07, 2026
IRC logs for Saturday, March 07, 2026
Gemini Links 07/03/2026: Buying Woodland, Indra 1.3.0 Available, and LLM Exhaustion
Links for the day
The Harder They Attempt to Take Down This Site (and Take Away Liberties), the More People Will See This Site
We'll carry on as usual, as from sunlight comes justice
An American War on GNU/Linux, Software Freedom, and British Investigative, Science-Based Reporting - Part I - A Matter of National Security
Those people are Americans who try to advance the interests of American corporations by weaponising courts abroad
Why They Always Try to Shoot the Messenger (When the Message Harms Profits)
A matter of economics
Coinbase - Like Block - is in Huge Trouble, Its Debt Nearly Doubled in Half a Year
The real reason Block is collapsing is its debt
Starting Another New Series This Evening, It's About American Folly
today commences a series long in the making (years)
Nations Stand to Benefit From Gender Equality and Increased Participation by Women
International Women's Rights Day starts in about 6 hours in the UK
Microsoft is Losing It, Now It's Censoring Its Critics and Sceptics
Whether the measurements made by statCounter are accurate or not, the trends (long-term) typically make sense
WIRED (Conde Nast) Reviews Are Paid-for Marketing Spam, They Change Dates on Old 'Articles' to Make Them Look Relevant and New
The Web is fast becoming a burial ground for ads, trash, spam, and slop
Gemini Links 07/03/2026: Humour, Chilling, and Oversized 'Phones'
Links for the day
Cyber|Show by Andy and Helen Recommended by Techrights and Tux Machines
If your time is limited and you look for informative essays and shows (audio)
Links 07/03/2026: CJEU to Finally Examine Behaviour of the Illegal and Unconstitutional Unified Patent Kangaroo Court, Creative Commons (CC) Hosts Open Heritage Statement Event in Amsterdam
Links for the day
Microsoft's Thailand Problem
It's definitely not Windows
New Lows for Microsoft in Micronesia
GNU/Linux has shown some growth there too
Microsofters' SLAPP Censorship - Part 5 Out of 200: Clearly Not a Security Professional/Expert, Only Ever Pretending to be One
"The Claimant says he is “a computer security expert”, but his background and his track record in the education sense (genetics) does not support this assertion."
Links 07/03/2026: Fuel Already Running Low and "Economic Crisis of the Iran War"
Links for the day
The Corporate Media Repeated the Lies Told by Jack Dorsey ("AI" Hype), Now It Does the Same for Larry Ellison
Disregard the hundreds of headlines that say mass layoffs at Oracle are due to "AI" something
The Free Software Community is Gaining Momentum as Its Importance is More Broadly Realised
As long as "trendy" technology goes in a negative direction there will be a growing portion in society looking for alternatives
Spooking or Chasing Away Women (From Computer Science)
The status quo discourages women from even trying to study Computer Science and related disciplines
"IBM Has Changed So Much in the Last Decade to the Point It's Completely Unrecognizable."
IBM is a dying, rotting company with a morbid culture
The Register MS, Sponsored by Communist Party of China (CPC)
What will happen when the bubble crashes the economy?
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Friday, March 06, 2026
IRC logs for Friday, March 06, 2026
Gemini Links 07/03/2026: Coffee Problem, Marchintosh, Learning, and "Selectively Disabling HTTP"
Links for the day