Bonum Certa Men Certa

English, French and German Translations of Dutch Article About EPO Abuses

de Volkskrant front page



Summary: An article from "de Volkskrant" with translations, regarding Benoît Battistelli and the now-disgraced Opstelten who defended Battistelli's assault on staff

FIVE weeks ago the Dutch media covered the situation at the EPO. One piece came from de Volkskrant, with "a circulation of approximately 250,000 nationwide." We now have English, French and German translations [PDF]. Since this is an English-speaking site, here is the English version:



Benoît Battistelli, Director of the EPOrg, does not recognise trade unions. He has had email communication between trade unions and members blocked. €© EPA

Opstelten: court ruling does not apply to European institution



According to the court, an organisation in Rijswijk breaches the rule of law. No, says the Minister, it has immunity.

By: Willem Feenstra 26 February 2015, 06:26

Ivo Opstelten, Security and Justice Minister. ۩ ANP

Minister of Security and Justice Ivo Opstelten has binned the ruling of the Court of Appeal in The Hague. The ruling states that the European Patent Organisation (EPOrg) violates the fundamental principles of an open and democratic state under the rule of law. However, according to Opstelten, the European organisation enjoys immunity.

For years there has been a conflict at the EPOrg between management and a large portion of the employees. Director Benoît Battistelli is allegedly conducting a reign of terror and is averse to objection. He does not recognise trade unions and refuses to enter into discussion with them.

Measures

In order to counter organised opposition, the management of the organisation has blocked email communication between the unions and their members.

The task of the European Patent Organisation is to grant patent applicants a patent in a large number of European countries by means of a single application. The establishment in Rijswijk is, with 2,700 employees, the largest after Munich. In order to counter organised opposition, the management of the organisation has blocked email communication between the unions and their members. The right to strike has been restricted and employees expressing disagreement are threatened with disciplinary measures and dismissal. The trade unions are also not welcome at the negotiation table.

Those measures are contrary to the European Convention on Human Rights (ECHR), so ruled the Court of Appeal in The Hague last week. ‘After all, this case concerns the rights of trade unions to take collective action and conduct collective negotiations, i.e. rights which belong to the fundamental principles of an open and democratic state under the rule of law.’

The Court ordered the Patent Office to reverse the disputed measures. In an internal statement, Battistelli has already indicated that he is not to going to adhere to this. According to him, the Patent Office, as an international organisation, is autonomous in the area of personnel policy. The internal rules were to form its own legal system in which a national court may not intervene.

Immunity

This means that these buildings may not be entered and enforcement action cannot be taken by Dutch authorities, or at any rate not without the consent of the President of the EPOrg.

Ivo Opstelten, Minister of Security and Justice

The Court of Appeal acknowledges that the Patent Office is an international organisation which can claim immunity but ‘this autonomy does not in any case stretch so far that the EPOrg could breach generally recognised fundamental rights in Europe without parties, such as the trade unions, being able to seek an effective remedy against such’.

Opstelten sees this differently. According to him, offices of the Patent Organisation in all contracting States enjoy immunity. This means that these buildings may not be entered and enforcement action cannot be taken by Dutch authorities, or at any rate not without the consent of the President of the EPOrg. He has ordered the court bailiff not to execute the enforcement orders in the judgement.

Immunity above human rights

Opstelten relies on an Act from the seventies. This must be applied dynamically, but he takes a very conservative view.

Cedric Ryngaert, Professor of International Law in Utrecht.

According to the Ministry of Foreign Affairs, the conventions to which the Netherlands is subject in respect of the EPOrg are clear: no enforcement measures can be taken against the Patent Organisation in the Netherlands. ‘With the order, the cabinet therefore opts not to take sides in the underlying dispute,’ according to a spokesperson. ‘This has been done to observe the obligations of the Netherlands under the conventions. We make no public statements on the underlying dispute. This does not affect the fact that we, and other Member States, continue to monitor the situation.’

According to experts, Opstelten’s position is at odds with the rule of law and he chooses immunity over human rights. ‘Legally he might have the law on his side, but in view of the constitutional system this appears very odd,’ according to constitutional law expert and Senator Hans Engels. ‘It is exceptional that these kinds of powers lie with a minister. And I don’t mean this in a positive sense.’

Cedric Ryngaert, Professor of International Law in Utrecht, considers the order by Opstelten exceptional. ‘Basically he erodes the power of the Court. International organisations are going to increasingly put themselves above the law, which is already a problem now. Opstelten relies on an Act from the seventies, which must be applied dynamically. Instead he takes a very conservative view.’


About a week after the publication of this report Opstelten was found to be corrupt and he stepped down. Supporting criminals seems to be his 'thing'; it's not about justice.

Recent Techrights' Posts

Reminder That Red Hat Enterprise Linux (RHEL) Is Not Free, And It's Because of IBM
software freedom just 'gets in the way'
Under IBM, in Order to Game the Stock Market, Red Hat Resorted to Boosting the Biggest Ponzi Scheme in Human History
This is what IBM turned Red Hat into
What Will Happen to GAFAM After the US Defaults Rather Than Bails Out the Market?
Or tries to topple every government that doesn't play by its rules?
EPO People Power - Part XXXIV - Bad Optics for the European Union (for Failing to Act and Tolerating Cocaine Use in Europe's Second-Largest Institution)
There are principles in laws which tie awareness with complicity
Shobhit Varshney From IBM Pushing Slop at Large Bank, Another McDonald's Waiting to Happen?
How long can they get away with phony narratives like "replaced by AI"?
 
Links 13/01/2026: 'Dilbert' creator Scott Adams Passes Away With Cancer, Ban on X/Twitter Considered for CSAM Profiteering
Links for the day
The Goal is Software Freedom for All
Anything to do with "Linux Foundation" is timewasting
Revision handed Microsoft the keys to the distortion of the past/history
This isn't the first time The Register MS rewrites computing history in Microsoft's favour, as we pointed out several times in past years
EPO's Central Staff Committee is Now Redacting (Self-Censoring) Due to Threats From the EPO "Mafia"
"On the agenda: salary adjustment procedure for 2025 (as of January 2026)"
"AI" (Slop) 'Demand' Isn't Growing, It's Fake, It's a Pyramid Scheme
They try to resort to 'creative' accounting (fraudulent schemes like circular financing)
Difficult Times at IBM and Microsoft Ahead of Mass Layoffs (Probably Before This Month's Results Unless Postponed to 'Prove' Rumours 'Wrong')
IBM and Microsoft used to be tech giants. Nowadays they mostly pretend by pumping up their stock and buying back their own shares.
Canonical: Make Ubuntu Bloated (Debian With Snaps), Then Sell the 'Debloated' Version for a Fee
If people want a light distro, then they ought not pay Canonical but instead choose a light (by design) GNU/Linux distro
People Don't Want "Just Enough", They'll Look for Quality
That's why slopfarms will go away or become inactive
Gemini Links 14/01/2026: 3D and Tiny Traffic Lights Pack
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Tuesday, January 13, 2026
IRC logs for Tuesday, January 13, 2026
Slop Waning Whilst Originals Perish
Slop is way past its "prime"
XBox's 'Major Nelson' Loses His Job Again, This Time in a Microsoft Mono Pusher
Microsoft hasn't much of a future in gaming. XBox's business is in rapid decline and people who push Mono to game developers are the same
Links 13/01/2026: Russia Weaponises Weather Against Civilians, Beijing-Controlled HK Attacks Legal Team of Besieged Critics
Links for the day
Gemini Links 13/01/2026: Loss of Desire to Produce, Individual Consumption
Links for the day
Links 13/01/2026: Ubisoft Layoffs, "India IT In Shambles", and Microsoft Chatbot Killing People
Links for the day
IBM is Not a Leftist Company, the "I" Stands for Imperialism, and Poo Floats to the Top
Remember that AK is military from both sides of his family
Links 13/01/2026: More Mass Layoffs in GAFAM, Catching Up With Political News of Early January
Links for the day
Freedom of Speech in the UK (or Freedom of the Press/Expression) and Protection From Adversaries
undressing people without consent and in very bad taste is not "speech"
Ending the Status Quo at the European Patent Office (EPO) This Year
Things will continue to get worse as long as the "Digital Majority" stays silent and/or passive
Greenland Ought to Move to GNU/Linux, Not Apple
GNU/Linux at 4%
So When Will British Politicians, Police, Government Departments Quit Twitter (X.com)?
They sure bring constituents there (by being there)
If You Care About Freedom, Don't Follow IBM Red Hat (Like Microsoft Novell 20 Years Ago)
IBM Red Hat and Microsoft don't seem to compete
IBM Red Hat Does Not Compete With Microsoft, It's a Microsoft Reseller
even if employees of Red Hat dislike and distrust Microsoft
Red Hat Layoffs, Even of "AI" Staff in India
This is how companies die
LLM Slop Isn't Replacing Online News, It's Just a Pest That's Gradually Going Away as Money for Slop Runs Out
Slop likes to talk about itself (like some kind of 'web-cancer')
Not Journalism: Almost 80% of the 'Articles' We Saw About Torvalds and 'Vibe Coding' Are LLM Slop (Sometimes Slop Images)
The real issue is, Torvalds who created Git as a solution to proprietary prison is entertaining Microsoft's own proprietary prison
EPO People Power - Part XXXIII - Interest From Some European Media, For a Change
Without it, we'll become another Russian Federation
Just Another Reminder That Microsoft Didn't Deny Mass Layoffs
Remember that Microsoft never denied this
GNU/Linux Measured at 6% in Réunion This Year
Population sizes like a million people are nothing to sneeze at
Dr. Andy Farnell on Marketing Bad Things Like Slop Using FOMO (Fear of "Being Left Behind")
many of the same themes we often cover here
IBM Stock Compared to Bitcoin, Fake Articles About IBM Promote Myths About IBM
The stock moves based on false marketing
Bluewashing Continues, Red Hat Onboarding Interns in Low-Paid Regions
It's the end of the second Monday of 2026
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Monday, January 12, 2026
IRC logs for Monday, January 12, 2026
Gemini Links 13/01/2026: ScottoRang and Outage
Links for the day
GNU/Linux Exceeding 6% in Cape Verde
Windows is measured as down sharply
When It Comes to Health, Slop is a Flop and It Kills People
Chatbots will mostly die after many people die due to them
2026 Has Begun Well for GNU/Linux Users (and for Us)
A lot of the anti-Linux FUD we got accustomed to seeing some years ago became scarce
Links 12/01/2026: Vista 11 Exodus and Famicom/NES Game
Links for the day
Links 12/01/2026: Twitter (X) Being Blocked in More Countries, PTAB Besieged by Cheeto Appointees (Bad Patents Getting Through)
Links for the day
Links 12/01/2026: Brussels Plotting Exit From GAFAM (US), Carole Cadwalladr Explains "Peter Thiel's New Model Army"
Links for the day
Oligarchs and States Always Attempted to Obstruct Efforts to Expose Their Corruption
We commend the administrator who consistently and adamantly defend the freedom of speech
Scheduled Maintenance Between 15th of January and Days to Follow, Free Software Foundation (FSF) Looking to Add 43 More Members by 16th of January
People who value Software Freedom should consider joining to support the FSF
Bracing for Microsoft Layoffs, Tired of Microsoft Lies, Microsoft Staff Wants Transparency, Not Face-Saving Coverup From Frank Shaw
totally made up stock price
GNU/Linux Estimated at Around 5% in Montserrat
another country where the "share" of GNU/Linux is now measured at 5%
GNU/Linux Exceeding 5% in Guadeloupe According to statCounter
GNU/Linux "share" estimates in Guadeloupe
Dr. Richard Stallman @ Georgia Tech Next Week
More Than One Week From Now
EPO People Power - Part XXXII - Little Hope That European Press Will Attempt to Expose Drug Abuse in Europe's Second-Largest Organisation
What does this tell us about the press in Europe?
Three most controversial Australian authors linked to St Paul's, Coburg
Reprinted with permission from Daniel Pocock
Links 11/01/2026: Data Breaches and Recent (Early 2026) Political Developments
Links for the day
Gemini Links 12/01/2026: Insomniacs After School and Boycotting Amazon
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Sunday, January 11, 2026
IRC logs for Sunday, January 11, 2026
Brett Wilson LLP 'Dropping' the LLP, Is This Rebranding?
It's not a coincidence or a glitch, there was a formal change somewhere in the system
Can IBM Still Control the Narrative?
We'll see what comes out through the grapevine later this week