Bonum Certa Men Certa

Benoît Battistelli's EPO is Under Attack From French Politicians Yet Again

French flag



Summary: More EPO interventions -- this time from France -- target Benoît Battistelli over his abuses and take it up to Eurocrats for political actions

Benoît Battistelli is French and he is well-connected not only within the EPO's management but also in Ecole Nationale d’Administration at his home country (never mind INPI in particular), yet it doesn't mean that he is immune to criticism from French politicians.



Several months ago the French Senator Jean-Yves Leconte wrote a letter to the French Ministry in charge of the INPI [1, 2].

A new kind of intervention from Philip Cordery and Pierre-Yves Le Borgn' has been flagged to us. There are two separate actions. See the PDFs below (provided to us anonymously):

  1. PYLB-EPO-CRISIS (in French with English translation, German translation, and Dutch translation)


  2. CORDERY-ILO (in French with English translation and German translation)


  3. CORDERY-EU (in French with translations)


  4. CORDERY-EPO (in French with translations)


These 4 PDFs show that opposition to the scandalous tyranny of Battistelli keeps growing. Here is the English translation of (1) above:

European Patent Office: When will the Crisis end?



English translation

4 March 2015

It will soon be a year since I posted on my site (click here) the numerous initiatives I had come up with in response to the requests and appeals from a substantial number of members of the European Patent Office relating to the disturbing deterioration of social relationships within their organization. I have not expressed myself more elaborately in public since then, but I have nevertheless been keeping in touch by mails, telephone conferences, meetings, and other visits to the French Government as well as the presidency of the EPO, with the aim of contributing to the search for a solution which will bring an end to the crisis which is besetting the organization. Last month, when I went to Munich, I had a meeting lasting close on two hours face to face with the President Benoît Battistelli, whom I would like to thank. I also met with a number of members of the staff, at their request, together or individually. These persons, as well as those who have written to me, have told me of the risk they were taking in communicating with me, and immediately asked me not to reveal their identity for fear of disciplinary sanctions against them.

I cannot conceive, and cannot accept, that communicating with a member of parliament could result in threats, sanctions, and even a wrecked career. Behind the member of staff I see a citizen. All this is symptomatic, unfortunately, of a deleterious social climate. I am familiar with the commercial world, having spent more than 20 years of my life in it. I know that social relations can sometimes be difficult. As well as that, I also know that getting out of a crisis requires from all parties concerned a common willingness to understand the difficulties being encountered, and to find together the means to get back on track. The key is there. I am convinced that an organization operating in an atmosphere which has deteriorated to this extent, characterized by fear and suspicion, and without any prospects other than one bloc against another, in the hope that one of them will end up giving way, is an organization which is doomed not to achieve its aims. This prospect cannot be allowed to be the future of the EPO, of which the role for the European economy, innovation, and employment, is essential, now more than ever.

On my return from Munich I contacted the Minister of the Economy, Emmanuel Macron, and told him how I felt, as well as presenting a series of proposals. I had not originally envisaged making a public statement. It was the ruling by the Court of Appeal at The Hague of 17 February last, and the developments which followed, which caused me to change my mind. It is in fact unknown, or almost so, that the immunity of an international organization should be impugned by a court. How can one not be shaken when a court as important and prestigious as this takes the view that the failure of the system for the resolution of conflicts within the EPO is interpreted as an unacceptable infringement of the fundamental rights enshrined in the European Convention on Human Rights, and therefore leading to the suspension of the immunity of the organization? Such a judgment would merit, at the very least, with regard both to its expectations and its consequences, a debate between the Member States within the Administrative Council. Nothing of the kind. I was amazed to learn that the President of the EPO had announced to the staff that the organization would not be submitting to the ruling by the Court.

It is time for the Member States to get back in control. The legitimacy of an international organization, and the EPO is no exception, rests on them. When one has lost immunity from jurisdiction, it is futile to invoke despairingly immunity from enforcement. The EPO has been suffering for years from a lack of governance, attributable to the increasing lack of interest by the Member States in any relevant subject, more or less, relating to the separation of power from the elementary rules of checks and balances, in particular with regard to the matter of internal monitoring and control. It has been 15 years since the last meeting of the inter-ministerial conference which is provided for in the statutes of the organization. The present situation means that the holding of such a meeting in the near future is a matter of urgency. That notwithstanding, it should be possible for such a meeting to be held every two years. The conference would establish the framework of action of the EPO, and confer control on the Administrative Council. The power of the major States which are the purveyors of patents should also be enhanced, breaking with the rule of one State – one vote, and moving towards a weighting arrangement of the votes. And in order for the Administrative Council to play its role in a truly active way, a system of incompatibility should be put in place such that the exercise of the Presidency of the Administrative Council becomes incompatible with candidature for the Presidency of the EPO.

To emerge from the present crisis, an independent social audit is required. It is up to the Member States to define the scope, and to assess the content of the decisions which it would be appropriate to adopt in accordance with the recommendations of the auditors. The future of the EPO depends upon this. This is not a matter of personages, or of a referendum on the pertinence of social democracy. An organization, in order to survive, needs concord, dialogue, and decisions agreed, shared, and accepted. Such are, pending the meeting of the Administrative Council of the EPO on 25-26 March, the positions and suggestions which I, as a member of parliament, am taking the liberty of drawing to the attention of the Government of France.


See the original PDF for the original French version as well as the German translation and Dutch translation.

The next file contains an English translation of the letter from Philip Cordery. Here it is in full and in English:

National Assembly

French Republic Liberty – Equality – Fraternity



Philip Cordery Deputy for the French of Benelux Secretary of the Commission for European Affairs Member of the Commission for Social Affairs President of the Study Group for Cross-border Zones and Workers

Paris, 20 February 2015

Ref.: PC/AF/61

To the Director General, Dear Guy,

I am writing to draw your attention to the extremely deleterious social climate which has prevailed for some months at the European Patent Office (EPO).

This inter-governmental organization has more than 7000 personnel, recruited from 38 Member States, who carry out remarkable work and make a major contribution to innovation, competitiveness, and economic growth in Europe.

This excellent success is, however, being undermined by the social policy being applied within the organization. In effect, since 2012 the management body has, little by little, been introducing a large number of repressive measures which do not respect the fundamental rights of the employees

I was alerted to this matter by the trade union of the European Patent Office and by a number of members of staff, who expressly asked me to preserve their anonymity for fear of reprisals. A number of press articles have likewise been reporting on the situation in the local newspapers.

The facts speak for themselves. The exercise of the right to strike has been blocked, and threats of disciplinary sanctions have been abusively used to limit the rights of expression of the personnel.

The union has been muzzled, and disciplinary sanctions have been inflicted on close to a dozen union representatives. Certain employees have also been subjected to suspension and reduction in status for abusive and fallacious reasons. As well as this, there have been three deplorable cases of suicide in the past 24 months, one at the workplace during working hours.

The management of the EPO is diverting the immunity of the international organization from its main purpose, and is using it as a lead weight, to crush without moral or legal consideration the fundamental rights of the employees, who are, as a result, particularly vulnerable, since they do not enjoy any national judicial protection in matters of labour law.

This social situation incurs a major risk in terms of affecting the role and the very effectiveness itself of the institution in its mission of public service, in Europe and internationally.

I would therefore be grateful if you, in your capacity of Director General of the International Labour Organization, would take action in order to facilitate a return to social dialogue and, for example, press for an external examination of the governance of the EPO.

I take the liberty of emphasising the urgency of the situation, given that the working conditions have become a matter of great concern to the vast majority of the 7000 employees of the EPO.

I am at your disposal to exchange views on the matter, and remain,

With best regards

Philip Cordery

Mr. Guy Ryder Director General of the International Labour Organization International Labour Bureau 4, Route des Morillons CH-1211 Geneva 22 Switzerland


More translations and original text are in the PDF.

Another letter from Cordery addresses a Commissioner at the European Union and says:

National Assembly

French Republic Liberty – Equality – Fraternity



Philip Cordery Deputy for the French of Benelux Secretary of the Commission for European Affairs Member of the Commission for Social Affairs President of the Study Group for Cross-border Zones and Workers

Paris, 20 February 2015

Ref.: PC/AF/62

I am writing to draw your attention to the extremely deleterious social climate which has prevailed for some months at the European Patent Office (EPO), the executive body of the European Patent Organization, the structural elements of which are based in The Hague, Brussels, Vienna, Munich, and Berlin.

I have been approached by the trade union of the European Patent Office and by a number of members of staff, who expressly asked me to preserve their anonymity for fear of reprisals. A number of press articles have likewise been reporting on the situation in the local newspapers.

Since 2012 the management of the EPO, under the aegis of the President, has been instituting a system of management which is authoritarian and repressive. Communications from the union and the exercise of the right to strike have been drastically curtailed. Pressure, threats, and disciplinary procedures have been abusively used to restrain the expression of opinions by the staff and the union representatives. Certain employees have likewise been subjected to suspension and reduction in status for abusive and fallacious reasons. As well as this, three cases of suicide by staff members of the EPO have occurred in the last 18 months, one at The Hague at the workplace and during working hours.

The majority of the measures taken by the management do not respect the letter of European law, which is totally unacceptable for an international organization based on the territory of the European Union.

Moreover, the 7000 staff members who work within the intergovernmental organization are particularly vulnerable, since they do not enjoy any national judicial protection in matters of labour law.

This social situation incurs a major risk in terms of affecting the role and the very effectiveness itself of the institution in its mission of public service, in Europe and internationally. The role of the EPO is preponderant within the framework of the reform of the unitary patent being conducted by the Commission, as well as in the context of innovation, competitiveness, and economic growth in Europe.

I would therefore ask you, in your capacity of European Commissioner, to intervene with the management of the EPO, to remind them of their legal and moral obligations to act with full respecting of European labour law.

I am at your disposal to exchange views on the matter, and remain,

With best regards

Philip Cordery

Ms. Elzbieta Bienkowska European Commissioner for the Internal Market, Industry, Entrepreneurship and SME’s European Commission Rue de la Loi 200 1049 Brussels Belgium

CC Ms. Margrethe Vestager European Commissioner for Competition European Commission Rue de la Loi 200 1049 Brussels Belgium



The German translation and original French text are in the PDF.

Finally, here is the press release targeting the EPO itself:

National Assembly

Press Release – 4 March 2015



Philip Cordery Deputy for the French of Benelux Secretary of the Commission for European Affairs Member of the Commission for Social Affairs President of the Study Group for Cross-border Zones and Workers

Antisocial policy of the EPO condemned by Court at The Hague

The European Patent Office (EPO) has been taken to court in the Netherlands by the EPO union, which is charging the Office with having introduced repressive social measures which contravene the fundamental rights of the staff. The Court of Appeal at The Hague, in its judgment of 17 February 2015, held the view that the rights of the union have been infringed, and has therefore ordered the EPO to amend its internal regulations.

Philip Cordery, Deputy for the French of Benelux, is pleased with the court judgment, which shows that the managerial policy adopted by the EPO directorate constitutes a genuine repression of union rights and is contrary to the laws in force in the Netherlands. The Hague Court in effect ruled that the procedures are illegal which relate to the exercise of the right to strike, and the conditions limiting the nature and duration of strikes, and has ordered that these be suspended immediately. The EPO is likewise required to guarantee union representatives free access to the EPO electronic messaging system, and no longer to issue threats of disciplinary measures for the sending of general communications to EPO staff. Finally, the Court has ordered the EPO to admit the union to collective negotiations.

Once again, the President has distinguished himself by rejecting a court decision from a democratic State, on the pretext that this would be contrary to the principle of immunity which the EPO enjoys. It is now a matter of urgency for the management to realise that the EPO cannot be an area where law does not prevail, and that it must respect international working standards and the European Charter on fundamental rights. It is in this spirit that Philip Cordery has recently called upon the Director General of the ILO, Guy Ryder, and the European Commissioner Elzbieta Bienkowska, to intervene.

The Deputy reiterates his support for the unions and for all the personnel at the EPO, and calls on the management to respect the decisions pronounced by the court, with the aim of re-establishing a calm social climate and restoring confidence among all the staff members.

Press contact: Laure Delcroix presse@philipcordery.fr Mobile: +33 7 86 02 77 29



There is a lot more in the original PDF and there is a big load of material relating to the Dutch court which we shall cover in the future along with English translations of original texts (in Dutch).

MEPs from many countries are now openly complaining about the EPO and putting the feet of management to the fire. So the momentum is there and we do, by all means, expect justice to be attained and for Benoît Battistelli to be ousted (unless he pro-actively steps down). We are now coming to the point where Battistelli is more afraid of staff rather than the staff being afraid of Battistelli. It's a tipping point. See the new article titled "European patent office under fire over ‘reign of terror’"; it was published in a major news site two days ago.

The next post will delve deeper into broader responses to Battistelli's abuses.

Recent Techrights' Posts

Serial Sloppers Are Killing the Web (They Probably Don't Care, Either)
Slop is a disease on the Web
IBM's Debt Ballooned by 8.5 Billion Dollars in Just 3 Months!
Hallmark of a company in a state of disarray, trying to spend its way out of trouble
Big Trouble in GNOME
even GNOME people admit the CoC went wrong
New Article Explains How the GPL Came About and WordPress Having Copyleft Obligations
Having been involved in the WordPress development community since almost the beginning, I know why it chose the GPL and how it restricts abuse by Automattic
Dr Richard Stallman (RMS) Gives Talk in Oxford University in 4 Hours
If you live nearby, go there (it's free as in gratis)
 
Get Rid of Back Doors, Don't Obsess Over Bounties and Other Corporate PR Stunts (or Needless Reboot Rituals)
Security as a term has mostly lost its meaning due to repeated misuse for many years
Streaming Apps Are “Investor Fraud” That Kills the Planet
Reprinted with permission from Ryan Farmer
Things Get Increasingly Nasty at Microsoft Ahead of the Fake Results and May's Mass Layoffs Wave
They try to get people to 'resign' so that they won't count as layoffs and the company's 'wellbeing' will seem better
Slopping the Trough: Disney Plus Loses Billions and the Decline of Physical Media in America
Reprinted with permission from Ryan Farmer
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Thursday, April 24, 2025
IRC logs for Thursday, April 24, 2025
Links 24/04/2025: GAFAM Problems and No Peace (or Ceasefire) in Sight
Links for the day
Slopfarms on the Web Almost Always Generate Anti-Linux FUD When They Produce "Linux" Output
Welcome to the dying Web
Richard Stallman's Oxford Talk Has Just Ended, Here Are Some Photos
he might hop over to another European country
Gemini Links 24/04/2025: Birthday and Good Work of Academia in Esotericism
Links for the day
Links 24/04/2025: EU fines Apple and Facebook, Another Microsoft GitHub Security Blunder
Links for the day
IBM Gained Almost 6 Billion Dollars in "Goodwill" Value in Just 3 Months, According to IBM
Congrats to the management!
In Belarus, Yandex is Now Measured as 50 Times More 'Popular' (by Usage) Than Microsoft
Yandex continues to gain, whereas Bing cannot even register at 1%. Last month it was registered or measured at a measly 0.65%.
IBM Cannot Lie to Shareholders Anymore
"I would not be surprised if we see a layoff every quarter this year."
Using a Law Firm's Licence to Exercise Politics Through Frivolous SLAPPs and Nastygrams (to Silence People, Remove Pages, Demand Fake or Forced 'Apologies')
Things must be getting really bad when lawyers act for raving antisemites
We're Working to Make Full-Site Search Available
This site has over 1,000 'wiki' pages, many thousands of documents, several thousands of videos, and about 50,000 blog posts or articles. We need to make them easier to find/navigate.
Links 24/04/2025: IBM Loses Many Contracts, Intel to Lay Off Over 20% (Not Counting Those Who Leave 'Voluntarily')
Links for the day
Richard Stallman Can Explain to Oxford Artificial Intelligence Society Why LLM Slop is Not Artificial Intelligence and Why It Hurts Society
another 'crop' of LLM slop that damages GNU/Linux and facts
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Wednesday, April 23, 2025
IRC logs for Wednesday, April 23, 2025
Open Source Initiative (OSI) Promoting Microsoft and Proprietary Software Using Microsoft Operatives
Because nothing says "Open Source" like GPL violations facilitated by Microsoft
Another Site Bites the Dust: "Open Source For You" Becoming a Slopfarm (LLM Slop)
What a shame. Another dead site.
Links 23/04/2025: Crackdowns on Dissent, Palin Loses Libel Retrial Against New York Times
Links for the day
Links 23/04/2025: Hard Times and Digital Amnesia
Links for the day
The GNU/Linux Site Formerly Known as "linoxide.com" is Back... as an LLM Slopfarm!
Better for linoxide.com to go offline than to do this
Richard Stallman to Speak in Oxford University Exactly a Day From Now
outsourced to GAFAM
Links 23/04/2025: "Hiding Corruption" and "The Cost of Defunding Harvard"
Links for the day
Microsoft 'Studies' Again? Leon Musolff is Writing Papers With Microsoft.
Even if one can see/find a link to "the study" (in the Bezos-controlled publication), most people won't look any further and just take everything at face value.
Towards GNU World Domination
The FSF led by Geoffrey S. Knauth with his friend Richard Stallman in the FSF's Board [...] Let's encourage people to adopt GNU/Linux. There has never been a better time.
statCounter Helps Visualise Just How Deep in Trouble Microsoft is (Especially in Africa)
Microsoft sabotaged efforts to connect Africans and equip them with GNU/Linux laptops
The Register is Using Linux-Hostile Clickbait in Articles of Linux Proponents
Don't be a "whore" to advertisers, team El Reg
Microsoft Windows in Cyprus Lacking a Future
Most people access the Web there from mobile
Matrix Has a Severe Problem With Illegal Images
If Matrix cannot get the CP problem under control, many projects and people will dump Matrix
Never Try to Justify Strangulation of Women (Not in the US and Not in the UK)
Joint post by Mrs. Rianne Schestowitz and Dr. Roy Schestowitz
Links 23/04/2025: Tesla Profits Plunge 71%, Intel Ready to Lay Off 20% of Staff, Microsoft and IBM Layoffs
Links for the day
Microsoft's Most Profound Issue is That People Moved to 'Mobile' and "App Stores" (Microsoft's Presence There is Negligible)
Expect a wild ride for Microsoft this year
Google News is Amplifying FUD and Lies About Linux (and OpenSSH/SSH) by Promoting Slopfarms With Machine-Generated FUD and Slop Images
Google should know better
Gemini Links 23/04/2025: Librarians, Anubis, and Refactoring a Gemini Capsule
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Tuesday, April 22, 2025
IRC logs for Tuesday, April 22, 2025