05.11.21

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Mass Litigation Over the Salary Adjustment Procedure (SAP), Basically an Attack on All EPO Staff, Even EPO Pensioners

Posted in Europe, Patents at 6:42 am by Dr. Roy Schestowitz

I'll pretend to talk to you, then ignore your suggestions, then shout at you, then wonder why dialogue breaks down, then leave the Office in disgrace
Battistelli’s ‘monkey puppet’. Monkey see, monkey do… and monkey shout

Summary: “Importance of a binding and unambiguous erga omnes declaration” stressed by staff representatives of the EPO in a new letter to Benoît Battistelli‘s successor of choice, António Campinos, who has done nothing so far except attacking (or robbing) EPO staff, even EPO pensioners

The EPO’s Central Staff Committee (CSC), which we've just mentioned in relation to crushing of staff and their families, has also issued the letter below. It said it had “made two constructive proposals for the good administration of justice in the dispute on the Salary Adjustment Procedure. The reason was that we were reluctant to recommend to staff to identify test appellants. We regret that the President refused our proposals.”

“The EPO is going downhill. Even for people who used to work there.”“In our open letter,” they told staff, “we emphasise that a binding and unambiguous erga omnes declaration will lead us to announce appropriate recommendations to staff. Staff should have the right that the outcome of the dispute on the Salary Adjustment Procedure is applied toward everyone (Latin: erga omnes). An overload of the system for the settlement of disputes can be avoided.”

Here’s the full open letter as HTML:

European Patent Office | 80298 MUNICH | GERMANY

Reference: sc21062cl
Date: 07.05.2021

Mr António Campinos
President of the EPO
ISAR – Room 1081

OPEN LETTER

Your letter of 28 April 2021 – Legal proceedings on the Salary Adjustment Procedure

Dear Mr Campinos,

The Central Staff Committee (CSC) regrets that your letter of 28 April 2021 does not contribute to structuring the legal proceedings on the Salary Adjustment Procedure (SAP). You simply refuse the two constructive proposals that the CSC made in the previous letter dated 1 April 2021. These proposals aimed at a smooth administration of the dispute before the Appeals Committee in case your decisions on the numerous requests for review should be negative.

It is not only for this reason, however, that the CSC must reject any insinuations of a “reluctance to – should the case progress to the stage of the internal appeal – contribute to a good administration of justice.” A binding and unambiguous erga omnes declaration will lead the CSC to announce appropriate recommendations to staff. In view of the large number of requests for review on the SAP, there is a risk that the system for the settlement of disputes will soon become overloaded.

The CSC would like to emphasise its availability to discuss possible means of avoiding such an overloading with your administration. Should you for example be ready to open the discussion on a locus standi of the CSC or any other mechanisms of a structured approach to mass litigation, this would definitely contribute to the functioning of the European Patent Office. It would also contribute to the smooth running of the service. With regard to Article 10(2)(a) EPC and Article 34(1) ServRegs, this is in our common interest.

Yours sincerely,

Michael Sampels
Acting Chairman of the Central Staff Committee

Months ago Campinos demoted SUEPO in the fashion of ‘dialogue’; it nowadays feels like the same sanctions were unjustly imposed on just about anyone who speaks for staff, even elected officials (not tyrants erected for and by Battistelli and his ilk). The EPO is going downhill. Even for people who used to work there.

The European public deserves to know all this — and become better aware of the real facts — because over the past week the EPO bombarded media all around the world with many dozens (maybe over a hundred!) puff pieces and press releases. We still see new examples, even this week, albeit they’re mostly relegated to Daily Links (with accompanying commentary) due to lack of time to properly cover/rebut. This PR campaign is costing a fortune. It's also highly risky. This latest EPO ‘news’ item (fluff about Europe Day 2021; warning: epo.org link) reveals that it’s also a risk and liability that jeopardises the stability of the European Union.

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