12.15.20

Gemini version available ♊︎

This Week We Shall See If the EPO’s Administrative Council, Led by Josef Kratochvil, is Complicit in a Financial Scam

Posted in Europe, Finance, Fraud, Patents at 5:37 am by Dr. Roy Schestowitz

Europe’s second-largest institution is in peril as long as nobody wants to end the corruption (either due to fear or because of personal gain)

Whose servant? Now servant of the person he was supposed to supervise
Reference: Josef Kratochvíl

Summary: The administered-by-the-Office ‘Administrative’ Council is having a webchat this week while EPO staff is on strike; it remains to be seen if it’s merely complicit in the financial scams run by the Office, e.g. Salary Adjustment [sic] Procedure (SAP) and EPOTIF (looting EPO workers for gambling purposes or personal gain by managers and former managers)

“The new Salary Adjustment Procedure (SAP) will already lead in the first year of its implementation to a massive, irreversible salary cut,” the staff representatives of the EPO wrote this morning, then citing selective bits of the letter below, sent 4 days ago to heads of delegations, who now assemble virtually for the Administrative Council’s meeting, ‘attended’ virtually by António Campinos and ‘in spirit’ by his boss, Benoît Battistelli.

Josef KratochvilThe representatives ask: “Will the AC delegations accept being further misguided?”

“…as per a recent survey, a round total of 0% (yes, zero) of staff trusts the Council.”That’s putting it politely as we’ve long suspected some of them were complicit and several stakeholders in member states were personally benefiting — financially or otherwise — from participation in this financial scam/fraud.

Here’s the full letter, which cites for backing the Association of the European Patent Office Pensioners (mostly retired examiners):

Reference: sc20186cl – 0.3.1/1.3.1/4.2.2
Date: 11.12.2020

To the Chairman and
The Heads of Delegation of the
Administrative Council of the
European Patent Organisation

OPEN LETTER

New Salary Adjustment Procedure: need for action

Dear Mr Chairman,
Dear Heads of Delegation,

Staff have already had an eye-opening moment with the new Salary Adjustment Procedure (SAP), which now materialises with CA/66/20. It will already lead in the first year of its implementation to a massive, irreversible salary cut. At the same time, the Office is announcing a massive yearly surplus and massive increases in the Office funds (RFPSS and EPOTIF). Reality is disproving the dystopian assumptions and forecasts that resulted in financial measures unnecessarily imposed on staff.

The Staff Committees have organised virtual general assemblies, virtual floor meetings and mail actions where staff expressed their anger. On 15 December staff will have a symbolic one-day strike (“Enough is Enough”).

The implementation of the SAP in its first year exposes the illegality of decision CA/D 4/20 and the failures of the Office management1, who is still attempting to mislead staff and other stakeholders.

The question now arises. Will the delegations accept being further misguided and persist in a course which ultimately puts the sense of belonging to a common organisation at risk?

____
1 See also the letter sent by the Association of the European Patent Office Pensioners on 8 December 2020 (annexed). Active staff are future pensioners.


It is high time that the delegations open their eyes and exercise their supervisory role.

Yours sincerely,

Alain Dumont
Chairman of the Central Staff Committee

Annex: Comments by the Association of EPO Pensioners on CA/66/20


Vereinigung der Pensionäre des Europäischen Patentamts
Association of the European Patent Office Pensioners
Association des pensionnés de l’Office européen des brevets
Vereniging van de gepensioneerden van het Europees Octrooibureau

Der Vorsitzende
The Chairman
Le Président
De Voorzitter

Curt Edfjäll
curtedfjaell@googlemail.com

8th December 2020

For the attention of:
• Mr Josef Kratochvil, Chairman of the Administrative Council
• Heads and Deputies of Members States Delegations on the Administrative Council
Copy to:
• Mr Antonio Campinos, President of the EPO
• EPO Central Staff Committee
• Council Secretariat
• Board of EPO Pensioners Association.

Dear Mr Kratochvil,
Dear Heads and Deputies of Member States Delegations on the Administrative Council,

Subject: Comments by the Association of EPO Pensioners on CA/66/20, “Adjustment with effect from 1 January 2021 of salaries… and of pensions paid by the Office.”

With CA/D4/20 the Administrative Council approved the new methodology for adjustment of salaries and pensions. Article 10 of CA/D4/20 reads: ”Any positive adjustment resulting from the application of Article 9 and carried forward after three annual salary adjustments will be paid out to employees as a lump sum in proportion to the basic salaries and allowances they received over the three-year period.”

With document CA/66/20 the Office is now presenting the results of the implementation of the methodology from the decision of CA/D4/20. The Association has only recently been made aware of the existence of CA/66/20 and of the negative and unequal effects it will have on pensioners in comparison to active staff.

In point 24 of CA/66/20, the Office presents the excess adjustment not applied in January 2021 for the four countries in which the Office employs staff. CA/66/20 does not specify which excess adjustments have not been applied in countries where EPO pensioners use the salary scale of the country in which they are resident. CA/66/20 states that the remaining balance is carried forward to a redistribution pool which will be used in next year’s adjustment and for a potential one-off payment after 3 years of application of the salary methodology.

Pensioners Association Comments on CA/66/20
Page 1 of 2


The Association has on several occasions asked the Office for explanations as to how the redistribution pool works for pensioners. Only by mail to the Chairman of the Association dated 7 December 2020 did the Office clarify that although the mechanism of excess adjustment is applied to pensioners, the lump sum will not be paid out to pensioners at the end of the 3-year period. I quote from the mail from VP4: “Any remainder of the carried forward adjustment will be paid as a lump sum only to employees in return for their active contribution to the Office’s success in these difficult times.” I wish to recall that today’s pensioners have all also contributed to the success of the EPO and should therefore not be treated unequally to active staff.

VP4 further states: “the principle of equal treatment has been respected.” It is evident that this is not correct. By not according any payment from the redistribution pool to pensioners, there is no equal treatment.

It is thus clear from the Office’s statement above that the Office intends to use the redistribution pool as a kind of bonus payment for active staff, which was certainly not the intention behind the new methodology. However, any money in the redistribution pool resulting from the excess adjustment applied to pension payments will not paid out to pensioners although this money has been taken from their pension payments.

EPC Article 33(2)c states: “The Administrative Council shall be competent to adopt or amend the Pensions Scheme Regulations and any appropriate increases in existing pensions to correspond to increase in salaries.”

The proposal to implement the new methodology so that pensioners do not benefit from the payment of a lump sum at the end of the 3-year period is thus in contradiction to the EPC itself and constitutes an unequal treatment of pensioners compared to active staff.

The Association assumes that the Administrative Council was also not aware of the way the Office intends to apply Article 10 of CA/D4/20 and its negative effects on pensioners.

The Association therefore respectfully requests the Administrative Council to instruct the Office to apply EPC Article 33(2)c correctly so that also pensioners will be given treatment equal to that applied to active staff such that the pensioners will also benefit from a lump sum payment.

Curt Edfjäll
Chairman of the EPO Pensioners’ Association

Pensioners Association Comments on CA/66/20
Page 2 of 2

The likely correct perception that the Council is complicit in it all (seeing the current role of Ernst and previous role of Kongstad, before he was removed for scandals) means that, as per a recent survey, a round total of 0% (yes, zero) of staff trusts the Council. It’s seen as a big part of the problem, incapable of correcting it (because it is unwilling to).

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

Decor ᶃ Gemini Space

Below is a Web proxy. We recommend getting a Gemini client/browser.

Black/white/grey bullet button This post is also available in Gemini over at this address (requires a Gemini client/browser to open).

Decor ✐ Cross-references

Black/white/grey bullet button Pages that cross-reference this one, if any exist, are listed below or will be listed below over time.

Decor ▢ Respond and Discuss

Black/white/grey bullet button If you liked this post, consider subscribing to the RSS feed or join us now at the IRC channels.

DecorWhat Else is New


  1. Links 21/05/2022: GitLab at Fedora and Pipewire in Next Ubuntu

    Links for the day



  2. Links 21/05/2022: HP Teams up with System76

    Links for the day



  3. IRC Proceedings: Friday, May 20, 2022

    IRC logs for Friday, May 20, 2022



  4. Links 20/05/2022: Thunderbird Revenue Rising

    Links for the day



  5. Outsourcing Sites to Social Control Media is an Outdated Mindset in 2022

    Centralised or federated censorship/filtering platforms (also known as "social [control] media" [sic]) aren't the way forward; we're therefore a little surprised that Linux Weekly News (LWN) bothers with that languishing bandwagon all of a sudden



  6. Links 20/05/2022: Plasma's Latest Beta in Kubuntu 22.04, Kapow 1.6.0 Released

    Links for the day



  7. Turkey's Migration to Pardus Linux and LibreOffice Explained 2 Months Ago in LibrePlanet

    This talk by Hüseyin GÜÇ was uploaded under the title “Real world GNU/Linux story from Istanbul”



  8. In Turkey, Windows Market Share is Down to Almost Nothing, 'Linux' is About Two Thirds of the Connected Devices

    Watch this graph of Windows going down from around 99.5% to just 11.55% this month



  9. The Lies and Delusions of António Campinos

    Monopolies and American corporations (and their lawyers) are a priority for today's EPO, Europe's second-largest institution



  10. Links 20/05/2022: Fedora BIOS Boot SIG

    Links for the day



  11. Links 20/05/2022: Oracle Linux 8.6 and VMware Security Crisis

    Links for the day



  12. IRC Proceedings: Thursday, May 19, 2022

    IRC logs for Thursday, May 19, 2022



  13. Links 19/05/2022: Rust 1.61.0 and Lots of Security FUD

    Links for the day



  14. EPO Eating Its Own (and Robbing Its Own)

    António Campinos is lying to his staff and losing his temper when challenged about it; Like Benoît Battistelli, who ‘fixed’ this job for his banker buddy (despite a clear lack of qualifications and relevant experience), he’s just robbing the EPO’s staff (even pensioners!) and scrubbing the EPC for ill-gotten money, which is in turn illegally funneled into financialization schemes



  15. [Meme] EPO Budget Tanking?

    While the EPO‘s António Campinos incites people (and politicians) to break the law he’s also attacking, robbing, and lying to his own staff; thankfully, his staff isn’t gullible enough and some MEPs are sympathetic; soon to follow is a video and publication about the EPO’s systematic plunder (ETA midnight GMT)



  16. EPO.org (Official EPO Site) Continues to Promote Illegal Agenda and Exploit Ukraine for PR Stunts That Help Unaccountable Crooks

    epo.org has been turned into a non-stop propaganda machine of Benoît Battistelli and António Campinos because the EPO routinely breaks the law; it’s rather tasteless that while Ukrainians are dying the EPO’s mob exploits Ukraine for PR purposes



  17. [Meme] EPO Applicants Unwittingly Fund the War on Ukraine

    As we’ve just shown, António Campinos is desperately trying to hide a massive EPO scandal



  18. EPO Virtue-Signalling on the Ukrainian Front

    António Campinos persists in attention-shifting dross and photo ops; none of that can change the verifiable facts about the EPO’s connections to Lukashenko’s 'science park' in Minsk



  19. Links 19/05/2022: PostgreSQL 15 Beta 1 and Plasma 5.25 Beta

    Links for the day



  20. A Libera.Chat Anniversary and Happy Birthday (Maybe the Last) to 'Leenode'

    What became known as the so-called ‘Leenode’ is a cautionary tale, but maybe it is also a blessing in disguise because IRC as a whole seem to have become a lot more decentralised (as everything should be)



  21. Links 19/05/2022: The Gradual Fall of Netflix/DRM

    Links for the day



  22. IRC Proceedings: Wednesday, May 18, 2022

    IRC logs for Wednesday, May 18, 2022



  23. Links 18/05/2022: Qt Company Loses Chief; OpenSUSE Leap Micro 5.2 and RHEL 9 Final

    Links for the day



  24. Jim Zemlin's Wife is Funded by Puppies (Microsoft)

    Jim Zemlin — like his wife — is bagging millions from Microsoft, but that’s clearly a conflict of interest for the Linux Foundation



  25. Links 18/05/2022: More Defections From WordPress to Gemini

    Links for the day



  26. Links 18/05/2022: PikaScript and cURL's Annual User Survey

    Links for the day



  27. IRC Proceedings: Tuesday, May 17, 2022

    IRC logs for Tuesday, May 17, 2022



  28. Phoronix: Microsoft and Phoronix Sponsor (and Close Microsoft Partner) AMD All Over the Place

    When you’re taking massive 'gifts' from AMD (and also some from Microsoft) maybe it’s not surprising that editorial decisions change somewhat…



  29. EPO Has No F-ing Oversight

    Earlier today SUEPO mentioned this new article demonstrating that EPO President António Campinos can very obviously and blatantly violate the Code of Conduct of the Office without facing any consequences; there are translations too, so the report is now available in four languages



  30. [Meme] Linux-Rejecting Foundation

    The Linux Foundation never really leads by example; by default, it uses proprietary software


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