Bonum Certa Men Certa

Over 1,000 EPO Workers Initiate Legal Challenge Against the EPO's Attack on Salaries (in Defiance of Assurances Made to Workers Who Relocate to Another Country With Whole Families)

EPO open letter



Summary: The EPO's attack on workers and pensioners isn't going ahead without challenge; while the "Mafia" (what EPO workers call the management) loots the organisation it takes away money from the workers -- i.e. from besieged folks who do all the work and face growing workloads during a pandemic

THE Salary Adjustment Procedure (SAP) is a misnomer or a euphemism for crackdown on patent examiners past and present. The crackdown started with Benoît Battistelli, who in effect began looting the institution. Systematically, undeterred. Nobody holds them accountable for it!



50 Euro"It is hardly surprising that many colleagues and pensioners (at least 1.200 requesters) are now taking legal action against the new Salary Adjustment Procedure," the Central Staff Committee (CSC) of the EPO wrote this month. "We understand from a President’s [António Campinos] letter of 25 March that he intends to reject the requests for review and he is already planning the next step of requesting a test-case procedure at the internal Appeals Committee. In this reply to his letter, we explain why we are currently reluctant to recommend to staff to identify test appellants. However, we are interested in contributing to the proper administration of justice. We would therefore be willing to support a bona fide proposal to the AC leading to a decision that the result of the litigation on the salary adjustment procedure will be applied to all employees and former employees of the EPO as well as their successors in title."

We're reproducing the full letter below:

European Patent Office | 80298 MUNICH | GERMANY

Mr António Campinos President of the EPO

ISAR – Room 1081

OPEN LETTER

Reference: sc21044cl Date: 01.04.2020

Your letter of 25 March 2021 – Legal proceedings on the Salary Adjustment Procedure

Dear Mr Campinos,

The Central Staff Committee (CSC) regrets that you submitted a proposal for a new salary adjustment procedure (CA/19/20) to the Administrative Council (AC) that had not found the consent of the CSC. Although a manageable number of test appellants lodged requests for reviews inter alia against the flawed consultation process on your proposal and against the resulting freeze of salaries and pensions in the second half of 2020, you still decided to submit an adjustment with effect from 1 January 2021 of salaries (CA/66/20) to the AC.

The resulting salaries and pensions are in breach of basic legal principles, such as equal treatment at different places of employment. It is easy to understand1 that the current salary scales do not reflect the coefficients of purchasing power parity in Table 6 attached to the AC decision CA/D 9/20. Furthermore, pensioners are excluded from a periodical settlement and a pay-out of a lump sum after a three-year period, in contradiction to Article 33(2)(c) EPC.

It should therefore not be surprising that many colleagues and pensioners are now taking legal action. The CSC understands from your letter that you intend to reject the requests for review and are already planning the next step of requesting a test-case procedure at the internal Appeals Committee.

The CSC has been open ever since for an agreement on its locus standi so as to

______ 1 Employees looking up their basic salary in the table for Belgium (Table 1 attached to CA/D 9/20) and multiplying this value with the coefficient of purchasing power parity for their place of employment (Table 5) will observe a higher salary than on their salary slip (or in Tables 2 to 4).




have an efficient and functioning system for the settlement of disputes. Therefore, overloading the system should definitely be avoided.

You mention in your letter that the Office is willing to apply the final outcome of the legal proceedings regarding the new salary adjustment procedure “to all staff provided they are in the same situation, in fact and law”. The CSC regrets that the wording is even more restrictive than Article 13 of the Rules of the Administrative Tribunal of the ILO allowing an intervention in a complaint if a requestor is “in a situation in fact and in law similar to that of the complainant”. (Emphasis was added to both quotes.) Furthermore, the CSC took note that you recently followed in your negative decision on the NCS for colleagues in the A4(2) grade an opinion of the Appeals Committee reading inter alia that “statements of the President ... were not, however, considered to constitute an enforceable and substantive promise made”.

Finally, the CSC cannot see a category of employees or pensioners to whom the final outcome of the legal proceedings would not apply.

In view of the above, the CSC is currently reluctant to recommend to staff to identify test appellants. However, the CSC is interested in contributing to the good administration of justice. The CSC would therefore be willing to support a bona fide proposal to the AC leading to a decision that the result of the litigation on the salary adjustment procedure will be applied to all employees and former employees of the EPO as well as their successors in title.

The CSC would further appreciate if you could exempt the staff from the obligation to exhaust the internal means of appeal by authorising them to challenge a decision directly before the Administrative Tribunal of the ILO2.

Yours sincerely,

Alain Dumont Chairman of the Central Staff Committee

______ 2 Such an approach permitted a swift access to court for the employees of the ILO, IOM, ITU, WHO and WIPO, who successfully challenged the adjustment of their salaries in 2018 and who received the Judgments Nos. 4134–4138 already one year later.


Whether speaking rationally to a kakistocracy that shamlessly lies to everyone is going to yield any results... well, that remains to be seen. But at least they make their case clear.

Recent Techrights' Posts

Getting Better After 20 Years
Exactly two months from now this site is turning 20
Gemini Links 07/09/2026: Music Composition, Free Stuff, and Self-hosting Git Repos
Links for the day
Silent Layoffs, Cool-down, and Cool-off: How GAFAM and IBM Operate (the Law Doesn't Apply to Them)
Laws? What laws?
 
Freedom, Not Fame, is His Goal
pursuit of money can be not only tiring but also involve abandoning one's freedom
Links 07/09/2026: Slop Trashes Memory of Parton, Flock Surveillance Infuriates Everyone
Links for the day
EPO Hiding Cocainegate and Abandoning Transparency (Even Access to Very Basic Information is Denied)
The EPO isn't just becoming like a private for-profit corporation. It's also becoming more secretive.
Richard Stallman Has Resurrected Lost Updates
We didn't ask about it
SLAPP Censorship - Part 174 Out of 200: Cascading Scandals and a Path Towards Much-Needed, Long-Awaited Reform
Reform the UK's law, not "Reform UK"
EPO's Gema Requena Sempere (PD People) Contacted Regarding Children With Disabilities
In the coming week we may be in fruitful contact with some media regarding EPO scandals
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Sunday, September 06, 2026
IRC logs for Sunday, September 06, 2026
People Who Enforce the GPL Banned From Linux Foundation Board (After Bribes From Prolific GPL Violators), Now They're Banned From Giving Talks at Events
about the "LF" ('Linux' Foundation)
Gemini Links 06/09/2026: The Slop Plagiarism 'Holy War' (Hype, Scam, Scheme), Burning CD-Rs, and Hardcopy Mono
Links for the day
Solicitors Regulation Authority (SRA) Inaction and Incompetence - Part IV - Insufficient Resources in the Face of Distributed Denial of Service (DDoS) by Lawyers
it's about 120KG
OpenStreetMap is the Future, Dictatorship is the Past
OpenStreetMap helped us check maps for transport, various overlays with addresses, and there was 0% reliance on GAFAM or "Google" anything
How Strikes at the European Patent Office Are Seen by Striking Staff in Berlin, Germany
We have some more EPO scandals to cover later this year and next year
Association for Computing Machinery Cites Techrights in Relation to GemText and Gemini Protocol
published yesterday, Open Access
Links 06/09/2026: More XBox Trouble (Microsoft Unrest, Many Silent Layoffs This Month), John Duffy as Next USPTO General Counsel
Links for the day
Gemini Links 06/09/2026: Avoiding 'Smart' 'Phones' and Setting up Gemini for the First Time
Links for the day
Links 06/09/2026: Sabotage by Slop and "What Happens If 'Open' 'AI' Dies?"
Links for the day
How Back Doors Became the 'Normal' or 'Norm'
"We also allowed a lethal monoculture to fester"
Solicitors Regulation Authority (SRA) Inaction and Incompetence - Part III - The SRA is Vastly Worse Than Brits Realise, We Have a "Wild West" in London
In the next part we'll begin looking at correspondence with the SRA
SRA and Manslaughter: How the SRA Contributed to Agony in Proprietary Software Scandals With Clear Misuse of "Without Prejudice"
Trying to prevent the public from finding out the criminal stuff that went on, resulting in many deaths
Canonical (or Ubuntu) Rejecting IRC Isn't the Widespread Trend
Internet Relay Chat (IRC) adoption still growing by some yardsticks
SLAPP Censorship - Part 173 Out of 200: Two Years
It was exactly 2 years ago that we filed lawsuits against Garrett
Linux of America
We could not help but notice GNU/Linux in North America yesterday
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Saturday, September 05, 2026
IRC logs for Saturday, September 05, 2026
Gemini Links 06/09/2026: Internet Limiting (Limited Time Allotted) and Solar MiniServer
Links for the day
Eight Months of Strikes in EPO, Organised by the Staff Union (SUEPO) Also in Berlin
In Berlin, only one member of staff voted against the action plan
Links 05/09/2026: "Let’s Stop Buying New Phone" and 'Open' 'AI' (Proprietary Slop) Drowning in Lawsuits
Links for the day
Gemini Links 05/09/2026: Polarization, Warped Maps, and Emacs rectangle-number-lines
Links for the day
Software Freedom, Even If Difficult to Attain Due to Outside Pressure, Does Make You Happier
Peer pressure and opinionated employers can make friends and staff more miserable if they dictate bad software
You Can Run GNU/Linux on a Desktop/Laptop for 1,000+ Days Nonstop
To me, the long uptime is a way of "marketing" GNU/Linux as robust and stable
Profiting From Global Warming (and Making More Money the More You Cause Warming)
Unregulated bank and pyramid scheme
SLAPP Censorship - Part 172 Out of 200: The Solicitors Regulation Authority (SRA) Complicit in the SLAPPs by Inaction (Didn't Even Study Any Evidence, Only Wasted Time and Budget)
"SRA placed into special measures due to 'disappointing standard of leadership'"
China Does Not Need American (US) Products Like GAFAM's
China has abundance of technical things it can leverage to preserve its autonomy
RMS Didn't Make Enough Backups
Making backups is important
Refresher: Why EPO Staff is on Strike This Year (Aside From the EPO Acting Like a Corrupt, Above-the-Law, For-Profit Corporation That Violates Its Own Charter)
One core issue at the EPO is erosion of purchasing power
Gemini Links 05/09/2026: Fireflies, Shore Pine, and ASCII Art
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Friday, September 04, 2026
IRC logs for Friday, September 04, 2026