Bonum Certa Men Certa

The EPO's War on Justice and Assault on the Law -- Part 17: The External Members: Evangelos Chatzikos and Richard Arnold

Previously in this series:



Royal Courts of Justice, London, UK
Royal Courts of Justice London



Summary: A closer examination of Evangelos Chatzikos (Greece) and Richard Arnold (UK) as external members in case no. G 1/21, which starts later this week

Finally, we come to the "external members" of the panel dealing with case no. G 1/21:



Evangelos Chatzikos (Greece) and Richard Arnold (UK).


As we noted in an earlier part of this series, these "external members" are legally qualified members of the national courts or other quasi-judicial tribunals of the EPO's contracting states. They participate in EPO cases on an occasional basis but otherwise continue their normal judicial or quasi-judicial activities at the national level.

Their service at the EPO is regulated by the "Regulation on the appointment and conditions of employment of members of the Enlarged Board of Appeal".

According to this regulation they are remunerated on a case-by-case basis and receive a flat fee of EUR 1000 per case [PDF]. If the external member acts as rapporteur, then the fee is increased to EUR 2500. They are also entitled to reimbursement of travelling expenses arising from official journeys. From the regulations:

Athens court
Regulation - Article 11, Paragraph 5, EPC



These guys are what Benoît Battistelli would have called "real judges".

The Corsican despot never hid his disdain and contempt for the in-house judiciary at the EPO whom he considered to be his own personal "vassals". On one occasion it is reported that he even told the members of the Boards of Appeal to their faces:

"The Corsican despot never hid his disdain and contempt for the in-house judiciary at the EPO whom he considered to be his own personal "vassals".""A mon opinion, vous n'êtes pas de juges"

(Translation: "In my opinion you are not judges.")

Turning now to the "external members" in case G 1/21, the first thing that has to be said is that practically no information is publicly available about the Greek judge, Evangelos Chatzikos, apart from the fact that he is the President of the Court of First Instance in Athens.

Athens court
The Court of First Instance in Athens where Evangelos Chatzikos normally presides.



Chatzikos comes from a country whose legal system can hardly be said to enjoy a squeaky clean reputation.

"Chatzikos comes from a country whose legal system can hardly be said to enjoy a squeaky clean reputation."Back in June 2019, the Greek Parliament downgraded bribery of public officials from a felony offence to a misdemeanour, thus introducing more lenient criminal sanctions for such crimes.

This move drew strong criticism from the Council of Europe's anti-corruption body, the Group of States against Corruption (GRECO), and from the OECD.

Although there was a partial reintroduction of stronger criminal legislation in respect of bribery offences towards the end of 2019, GRECO concluded that more work was needed to render the criminal justice system fit for purpose if corruption was to be countered effectively.

More recently, the European Commission's Rule of Law report for 2020 identified serious problems in Greece regarding the administration of justice, pluralism in the media, the fight against corruption, the activities of lobbies as well as the protection of whistle-blowers. According to the report, Greece's justice system continues to face significant challenges as regards its quality and efficiency.

"Back in June 2019, the Greek Parliament downgraded bribery of public officials from a felony offence to a misdemeanour, thus introducing more lenient criminal sanctions for such crimes."None of this should be misinterpreted as an attempt to cast aspersions on the personal integrity of Mr Chatzikos. In the absence of any evidence to the contrary he is, in all probability, every bit as sound as the next man.

However, what is of relevance here is that Mr Chatzikos holds a relatively senior judicial position in a country whose legal system suffers from a predominantly negative image. This is not a matter of "prejudice" but is rather based on the independent assessments of intergovernmental bodies such as the Council of Europe and the European Commission.

Common sense tells us that you don't rise to occupy such a senior judicial position in any jurisdiction without knowing how to "play the game" according to the local rules.

"Common sense tells us that you don't rise to occupy such a senior judicial position in any jurisdiction without knowing how to "play the game" according to the local rules."Trying to put things as diplomatically as possible, the political environment in contemporary Greece combined with the lack of any publicly available information about Mr Chatzikos himself, suggests that he is unlikely to be too concerned about keeping the proceedings in case no. G1/21 on the "straight and narrow".

The other external member, Richard "Dickie" Arnold (UK) comes from a legal tradition that has a somewhat more positive reputation for procedural correctness and adherence to the rule of law.

Lord Justice Arnold - to give him his official title - is quite a well-known UK legal figure with a fairly prominent public profile.

He was appointed a Lord Justice of the Appeal Court in October 2019.

Richard Arnold
Richard Arnold was appointed a Lord Justice of the UK Court of Appeal in October 2019.



It's well know that Battistelli had a certain regard for British legal eagles - in particular he was fond of using QCs from 39 Essex Chambers to intimidate the Enlarged Board and stitch up SUEPO officials.

"Lord Justice Arnold - to give him his official title - is quite a well-known UK legal figure with a fairly prominent public profile."However, it's not certain that "Dickie" Arnold is someone who would have met with unconditional approval from the Corsican despot.

Back in 2016, together with a large group of other judicial colleagues in the UK, Arnold was involved in a legal complaint against the introduction of new judicial pension system that required employee contributions.

This was a "mass appeal" led by six high court judges - including Arnold who was 55 at the time - which was joined by 204 Crown Court judges, district judges, sheriffs and tribunal judges.

"This was a "mass appeal" led by six high court judges - including Arnold who was 55 at the time - which was joined by 204 Crown Court judges, district judges, sheriffs and tribunal judges."The six High Court judges appointed at a "relatively early age" took their action against the Ministry of Justice in connection with the pension changes which they claimed were discriminatory and less favourable in terms of benefits.

In 2017 it was reported that the aggrieved UK judges had won their claims against the Ministry of Justice in an employment tribunal ruling, which was estimated to leave the UK government facing costs of up to €£ 118m if the lost benefits were to be fully restored.

Lawsuits of this kind are precisely the kind of "disloyal" activity that Battistelli deprecated when "his" staff, both examiners and members of the Boards of Appeal, brought their complaints to the ILOAT.

“It is not ILOAT that manages the Office. It is childish, childish to write to judges in Geneva.”, he retorted, raising his voice menacingly.


Battistelli is unlikely to have been impressed by Arnold's participation in such a "childish" legal action against his employer.

Liz Truss
Justice Arnold was lucky that Chancellor Liz Truss didn't have the totalitarian powers of Battistelli.



"Dickie" Arnold and his colleagues were lucky that their boss, Chancellor Liz Truss, didn't have the totalitarian powers of an EPOnian President at her disposal. Otherwise they might have ended up in the Tower of London rather than enjoying the luxury of "due process".

"Battistelli is unlikely to have been impressed by Arnold's participation in such a "childish" legal action against his employer."Returning now to G 1/21, it has to be admitted that, in the final analysis, the external members of the panel are "dark horses" whose actions cannot be reliably predicted.

In particular, it's impossible to say how they are likely to react - if at all - to the concerns which have been publicly expressed about the suspected partiality of the Chairman and the other internal members of the panel.

"In particular, it's impossible to say how they are likely to react - if at all - to the concerns which have been publicly expressed about the suspected partiality of the Chairman and the other internal members of the panel."That concludes our introduction to the "external members".

Before presenting some concluding observations on the current state of play in case no. G 1/21, we will make a short diversion to look at Carl Josefsson's well-oiled PR machine which is likely to become increasingly active in the run-up to the hearing scheduled to take place on 28 May.

Recent Techrights' Posts

IBM Effect at Confluent: Mass Layoffs and IBM's Business Conduct Guidelines (BCGs) Said to be Violated
For Confluent employees who survived the layoffs there will be "culture chock"
Estimates That IBM to Lay Off Close to 10,000 Workers in 2026 (Not Counting People Pushed Out)
There's still chatter about Confluent mass layoffs
 
People Who Decided to Boycott Novell Over Its Microsoft Alliance Should Also Boycott Canonical
As an associate put it, "selling out further, due to Microsoft moles inside Canonical"
Links 19/03/2026: "AI Glasses" as Euphemism for Mass Surveillance and ABC (US) Has Begun Publishing Slop as 'News'
Links for the day
The European Patent Office, Europe's Second-Largest Institution, is on Strike Today
Lots more to come
What People Impacted by the Bluewashing Layoffs at IBM Confluent Say (While the Media Says Nothing at All, in Effect Burying the News)
Worse yet, the mainstream media spreads lies about it right now
IBM Has Turned Red Hat and Fedora Into Slop
This is IBM policy
IBM is Being Robbed, Companies and Jobs Are Destroyed
Companies taken over by IBM will be exploited and destroyed to keep a bubble inflated for a little while longer
In Confluent Layoffs, IBM Vapourises a Quarter of Its Workforce (IBM Buys Something That It Destroys Already)
In the past, such things were typically referred to as "media blackout"; now it's just "the norm".
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Wednesday, March 18, 2026
IRC logs for Wednesday, March 18, 2026
Links 19/03/2026: LLM Fatigue (It Doesn't Work as Advertised), "Small Web Feeds"
Links for the day
SLAPP Censorship - Part 15 Out of 200: Background and Particulars of Truth Regarding Techrights and Tux Machines
the basic facts (this has aged well, except the times/ages/numbers)
A Slopfarms Survey for Today (linuxteck.com, linuxsecurity.com, linuxjournal.com)
Not only did Google news link to a slopfarm; it linked to three run by the same team!
Links 18/03/2026: "Venture Capitalist Warns That It’s All About to Come Crashing Down" Due to Slop Bubble, "Birdwatching for Fun and no Profit"
Links for the day
IBM Red Hat is Still Promoting Restricted Boot Which Restricts Users' Control Over Their Computers
Red Hat under IBM is a total catastrophe
Arvind Says... Something Something "Hey Hi" (the State of Today's Media)
Look for news about IBM and most likely it'll boil down to some sound bites from an executive and nothing else
New Post Has Just Explained How IBM Gets Robbed by the People Who Fail IBM
Their plan for IBM is a personal plan
Slop-Spewing GAFAM LLM That Knows Nothing and Understands Nothing, It's a Stochastic Parrot That Cannot Even Figure Out Tux Machines is a Community That Started in Tennessee 22 Years Ago
RMS rightly calls those things "bullshit generators"
Cusdeb Makes New Presentation About Where GNU Hurd (Still a Possible Linux Replacement) Stands in 2026
coming from a generally RMS-friendly account
Gemini Links 18/03/2026: Librarians, Phone Anxiety, Growing 'Small' Net, and Slop Versus Software Engineering
Links for the day
Smug Threat by Garrett to Put My Family and I in Prison Doesn't Prove We Did Anything Wrong, It Only Proves He's Truly Desperate to Stop Further Publications That Embarrass Him
his reputation is poor in the United States
systemd Increasingly Microsoft Project, Controlled by Microsoft and Slopware
Cannot allow choice
What IBM Meant to Red Hat: "Proprietary Bundling, Restricted Source Access"
Anyone or anything that joins IBM likely shortens its lifespan
IBM Thrashing Confluent Upon Arrival, Based on Rumours
We deem it a bigger issue that investigative journalism perished, not that one must rely on hearsay online or mere "rumours"
Slop Is Plagiarism, Not (Vibe) Coding, and It's Not Automated, It Doesn't Save Money
Reject misnomers, explain what's actually happening
UPC is Still Illegal and Unconstitutional (Kangaroo Court for Patents, Manned by Corporate Staff), Federal Court of Justice of Germany Receives Belated Complaint About It
What is happening to Europe???
EPO Demonstration Happening Right Now, Later This Week Things Will Only Escalate Further
The SUEPO The Hague Committee wrote to staff this morning
Sophie Brun, Raphael Hertzog & Debian sexual conflicts of interest
Reprinted with permission from Daniel Pocock
Links 18/03/2026: Commodore's Hedley Davis Dies, Apple Not Good Enough, Cheeto "Floats Treason Charges for Iran War Coverage"
Links for the day
A Step Close to Shutting Down the European Patent Office (EPO)
Not going to work all month long
EPO Staff Demonstration Today
The demonstration will be live-streamed for those thousands of colleagues who don't live in Munich
Gemini Links 18/03/2026: Brazilian SYN Attacks and BGP
Links for the day
LibreLocal Also Coming to Jordan, Kenya, Mexico, New Zealand, and Spain
It helps raise awareness of Software Freedom
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Tuesday, March 17, 2026
IRC logs for Tuesday, March 17, 2026
Microsofters' SLAPP Censorship - Part 14 Out of 200: Men Who Strangle Women (and Worse) Trying to Force Us to Write Public Apologies to These Men
For those who never before saw a SLAPP, they basically make many demands
Instant Bluewashing at Confluent: Mass Layoffs Alleged at IBM
So the main question is, did IBM just fire 800 people?
"Vibe-forking" and Why It'll Ultimately Fail (Hype on Top of Hype)
Code made with LLMs sucks; converting solid, human-tested code into slop only complicates matters and increases risk
Updates About Richard Stallman's Free Software Foundation
After all those years (a decade) and in spite of phony scandals many people out there still respect him
LLM Slop With "Linux" in the Domain Names
This is becoming a pain and a problem also in the arts and in software engineering
The EFF Has a Bug, Fixing This Bug is Likely Not Possible Anymore
"the EFF's continued existence impairs the arrival of a replacement organization, one which will actually champion digital rights."
Links 17/03/2026: Microsoft Windows Broken by Samsung, Afghanistan-Pakistan War Escalation
Links for the day
Gemini Links 17/03/2026: Newcomers and False-Positive 'Slop'
Links for the day
Héctor Orón Martínez & Debian shadow candidate pressure on Sruthi Chandran
Reprinted with permission from Daniel Pocock
Links 17/03/2026: American Fentanylware (TikTok) Investors Implicated in Kickbacks, "Big Oil Knew It Was Wrecking Louisiana’s Coast"
Links for the day
For Third Time in a Week The Register MS Runs Google SPAM That Paints Google as an Ally of Women (Which is False, They're Womanisers)
What does that make The Register MS to women?
British Justice Minister Sarah Sackman Blasts Solicitors Regulation Authority (SRA)
The "legal industry" is due for "some reckoning"
GAFAM Deprecating Old Videos ("Content") by Removing the Support for Their Format for No Good Reason
"Security" is not a valid excuse
Credit/Debit Cards Have Long Been Called Plastics, Over Time They're Becoming More Like Pure Plastics
They cost less than a dollar to manufacture
The European Patent Office (EPO) Holds a Public Demonstration Tomorrow and It'll be Live-streamed
The EPO's workforce was meant to be capable of speaking many languages and have extensive experience in the sciences
People Who Attacked Techrights Also Attacked My Mother
Picking on old ladies because you don't like Free software advocates is never OK
Little Community Element Left in CentOS
CentOS, unlike Fedora, was meant to be long supported and solid
Social Control Media is Cancel Culture (Companies Like Facebook Also Punish/Ban Accounts for Mentioning "Linux" and Lobby for Anti-Linux Legislation)
The masters of Social Control Media decide what ideas can and cannot be expressed
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Monday, March 16, 2026
IRC logs for Monday, March 16, 2026