Bonum Certa Men Certa

New Heise Article Makes It Clear That 'Nazi'-Themed Accusations Against the Suspended Board Judge Were Insufficiently Substantiated

Emile Zola's article
Context



Summary: The personal attacks on a judge who was illegally suspended (a so-called 'house ban') increasingly look like the management's own campaign of defamation, mostly intended to marginalise and punish a judge who spoke about serious charges against VP4 (Željko Topić)

READERS are advised to recall that the EPO's media strategy right now is to frame its dissenting staff as armed and violent Nazis or Jihadists. It's a pretext for attacking such staff, denying staff the right to free speech. Yesterday we published 7 articles about the EPO's many abuses. In the 7th article we mentioned this new article from Heise journalist Stefan Krempl, whose previous article had a translation of (translation into English, as posted here). This time too we have a quick translation (approximately 12 hours after publication). Here it is:



European Patent Office throws out union leaders



heise online

23.11.2015 18:33 Stefan Krempl

The European Patent Office opened disciplinary proceedings against three trade unionists and suspended them. They are accused of having unlawfully counseled employees and to have blabbered too much.

"They are accused of having unlawfully counseled employees and to have blabbered too much."The domestic bliss at the European Patent Office (EPO) in Munich remains troubled. The newest unrest is mainly caused by the agency's harsh treatment of three leading representatives of the institution's international trade union (SUEPO): the chairwoman of the staff representation, Elizabeth Hardon, her predecessor, as well as the treasurer have been ordered to stay away from work since last week. The EPO opened disciplinary proceedings against them and suspended them as well. They are threatened with a swift dismissal.

The unionists are accused among other things of having unlawfully counseled fellow employees as well as a recently suspended patent judge, in addition to having threatened or bullied other union members, and to have informed third parties of the ongoing internal investigations against them. An EPO-spokesman confirmed the procedure to the Münchner Merkur and the Juve professional information service.

Confidential information betrayed?



"A labour law expert having knowledge of the case declared to "Juve" that in view of the latest escalation, the legal protection of the concerned parties was reduced to a joke."Hardon had already been threatened last September with legal measures. She was most notably inculpated of having divulged that she had been summoned before the office's relatively recent "Investigation Unit". Through her lawyer, the unionist had resolutely rejected the accusations in a letter to the EPO Administrative Council. The matter at stake was allegedly a single sentence in a private and confidential discussion amongst the Staff Representation, as a part of an "opinion finding process".

"Even if the disciplinary commission were to clear Hardon and her comrades of any wrongdoings, the president of the EPO wouldn't be bound by its conclusions and nevertheless dismiss or otherwise sanction them."A labour law expert having knowledge of the case declared to "Juve" that in view of the latest escalation, the legal protection of the concerned parties was reduced to a joke. Even if the disciplinary commission were to clear Hardon and her comrades of any wrongdoings, the president of the EPO wouldn't be bound by its conclusions and nevertheless dismiss or otherwise sanction them. Only at that point would the concerned parties be able to involve the International Labor Organisation's Administrative Tribunal. But many years could pass until a final decision is pronounced, and no one can verify whether the judgement is implemented.

The Patent Office's "Sun King"



"The Frenchman has been accused for quite a while of running the institution as if he were the Sun King."According to some reports, about 2000 EPO-employees spontaneously gathered for a demo before the Munich seat of the organisation, which has around 7000 employees in several locations. The demonstrators' anger was particularly directed against the organisation's chief Benoît Battistelli. The Frenchman has been accused for quite a while of running the institution as if he were the Sun King. Even though there were strikes and demos protesting against the working conditions within the EPO before Battistelli's time, the protest have been markedly exacerbated since his 2010 inauguration as president.

"It stated that the accusations against the jurist were insufficiently substantiated."The EPO's Enlarged Board of Appeals meanwhile rejected a request of the Administrative Council for removing a patent judge from his office, who had been the target of an other disciplinary procedure, in addition to having been counseled by Hardon. This emerged from the decision which the IPKat blog published. It stated that the accusations against the jurist were insufficiently substantiated. This raised the suspicion that the real intent was to get rid of a "bothersome judge". The Administrative Council nevertheless initiated around mid-October a procedure for removing him from office. The highest instance of the judicial branch of the administration will have to deal with this affair anew.

"This raised the suspicion that the real intent was to get rid of a "bothersome judge"."The Administrative council, which is composed of the representatives of the 38 member states of the European Patent Organisation (EPOrg), is the supervisory instance of the administration. It has supported Battistelli up to now. The EPO as an international administration is not subject to the law of any particular country, and thus frequently floats in a difficult to control gray area. (axk)



There is a link inside the article to the letter from Hardon, who complains about institutional harassment by "Sun King" and his team. It's a link to Techrights. Unfortunately, the flow of information inside the EPO is greatly impeded by such institutional harassment. As one person put it, "the fact that no one dared to forward [material] in electronic form to the staff representation speaks volumes about the atmosphere of fear of retaliation that currently prevails in the Office, and the total lack of trust of staff in any meaningful form of data protection in the Office" (the EPO just arrogantly ignores European laws).

"The president stated several times that the opponents to his plans are just a few disgruntled examiners," as this person points out, yet this president is attacking every employee. "I see that the techrights.org webserver is unresponsive," wrote another person last night. "Could it be under suffering for its unfavourable coverage of the ongoing EPO hoohah?"

“I see that the techrights.org webserver is unresponsive. Could it be under suffering for its unfavourable coverage of the ongoing EPO hoohah?”
      --Anonymous
"What is the opposite of a "media partner", by the way? Whatever it is, maybe the EPO has decided that techrights.org is one, deserving of special treatment."

Actually, a massive surge in the number of cracking attempts to about 5 per second is partly to blame for accessibility or uptime issues. We don't know who's being such frequent attacks; we can only hypothetise. There is another new comment there, which says: "In his letter to the French representative Pierre-Yves le Borgn’, President Battistelli wrote that it was easy to prove that the interrogations of staff representatives were not violent because they were recorded. In order to prove this to be correct these recordings should be made available to the addressee by the EPO, a public institution that pretends to be more and more transparent. In fact staff are banned from the EPO premises if they make public that they were submitted to interrogation.

“The “conspirators” are not guilty of any wrongdoing either and Battistelli wilfully misled to the representative, the AC and the general public.”
      --Anonymous
"Mr Battistelli further stated that there was an intense defamation campaign originated by a member of DG3 who was guilty, according to BB, of conspiracy against the EPO. Said member, according to BB, stored weapons (!) and nazi propaganda in his office and wrote racist letters. Battistelli, when he wrote this letter on 20.11.2015 was aware of the EBoA decision Art 23 1/15, which concluded that there was no convincing evidence whatsoever in this respect. Said DG3 member is thus innocent and Lord Schiemmann has been proven to be wrong."

"The “conspirators” are not guilty of any wrongdoing either and Battistelli wilfully misled to the representative, the AC and the general public.

"Further, Battistelli said that EPO staff wants to block the community patent, which is a mere allegation, he has not permitted staff expression on this subject nor on any other and there is no “rich and respectful social dialogue” either.

“Further, Battistelli said that EPO staff wants to block the community patent, which is a mere allegation, he has not permitted staff expression on this subject nor on any other and there is no “rich and respectful social dialogue” either.”
      --Anonymous
"Just to put it straight, there are, according to public EPO reports, 6000 candidates for examiner posts at the EPO in 2015, not 20.000. Productivity has increased mainly thanks to window dressing (ECfS).

"Thank you Mr. Le Borgn’."

We are still hoping to publish a translation (from French to English) of the EPO's puff pieces in its "media partner" -- the same pieces which Battistelli is so eager to pass around to people like Pierre-Yves.

Recent Techrights' Posts

Wikipedia - Funded by Slop-pushing Companies and 'Broligarchs' - Gave Benefit of the Doubt to Slop, Then Regretted It
Wikipedia sucks. Without slop it'll suck a little less.
Passage of Wealth Upwards, Blaming the Victims
Tim Sweeney's net worth is 5.1 billion USD according to Forbes
EPO Strike Begins Today and It's the Longest One Yet (Can Last a Year)
Where's the media?
People Discuss Rumours of Mass Layoffs at IBM Becoming Public in 1-2 Weeks
IBM is killing its brand or its "goodwill"
 
Did IBM Pay thestreet.com for Puff Pieces? (Like It Did With Forbes)
If so, there is no disclosure
Payoffs of Lifelong Commitments
"The Lifelong Activist"
Links 30/03/2026: "We Can’t Income-Tax Ultra-Elites"; "The Pirate Bay’s Oldest Torrent Turned 22"
Links for the day
Today, Europe's Second-Largest Institution (EPO) Goes on Strike That Can Last Until 2027. Nobody in the Media Covers This!
"We stand with the protesters"
When the Cost (or Time) of Maintenance Exceeds the Value
In recent years it seems like more people learn to remove things from their lives, not add more things
More Media Needs to Tell the Public Slop is a Giant Bubble, It Should Stop Taking "Sponsorship" Money to Inflate This Bubble
If enough of (what's left of) the media changes its tune and quits being a parrot of GAFAM, then we can debate slop like grown-ups
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Sunday, March 29, 2026
IRC logs for Sunday, March 29, 2026
Trying to Hide One's Abuses by Imposing Silence on Critics ("My Profile Was Private")
With enough daylight, sooner or later everyone knows you are a vampire
Fedora Badges System Shows the Demise of Fedora Under IBM
IBM isn't good at keeping what it buys
IBM is Sunsetting Red Hat, It Only Uses the Brand and the Shell
IBM buys or spins off companies as containers for "toxic assets" and debt
Cisco Systems is a Still Weak Spot With Bug Doors
nothing to offer except storytelling
Gemini Links 30/03/2026: Approaching April and Arvelie Calendar
Links for the day
No Daylight Saved
Is there still any practical reason for this ritual?
Microsoft Azure Does Not Have "Hiring Freezes", It Has Had Mass Layoffs Every Year Since 2020
Things are always a lot worse than Microsoft formally or publicly acknowledges
SLAPP Censorship - Part 27 Out of 200: Using the Tor Network to Hide From Consequences
Only 1-2 weeks after the countersuit the Canadian attempted to deplatform several Web sites
The Limits of Inclusion
Inclusion with caution isn't "opinionated"; it's a defence mechanism, sometimes a survival instinct
Almost 20 Years After Microsoft/Novell
The mission has not changed, but the priorities evolve all the time
LLM Slop Kills Sites, as Sites That Adopt Slop Are Doomed
People won't subscribe to such sites and visit them if they recognise it's just slop
Links 29/03/2026: Indonesia Cracks Down on Social Control Media Addiction, China Becomes World’s Scientific Superpower
Links for the day
Fedora at the Mercy of Microsoft Because of Back-Doored Kick-Switch Boot
We'll soon revisit the defamation attacks on Torvalds
Links 29/03/2026: Water Shortages and No Kings Rallies
Links for the day
The Old Days
In the early days of this site (2006) it was mostly just a couple of people, plus comments
Gemini Links 29/03/2026: Return to Gopherspace, "Zen of Marking Playing Cards"
Links for the day
The Real XBox is Dead, So Microsoft is Calling Everything "XBox" Now
It even wanted to run a campaign to convince everybody that XBox is not actually a console
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Saturday, March 28, 2026
IRC logs for Saturday, March 28, 2026
Open Web Destroyed by Centibillionaires, Says Anil Dash of Blogging Fame
Blogging was going through its 'prime years' about 20 years ago
"Linux" Slop Going Away, Microsoft et al Pay 'Linux' Foundation to Promote Slop
It's a timely reminder that the Linux Foundation exists to promote whoever pays the Linux Foundation, even pedophiles and companies that attack the GPL
Links 28/03/2026: Microsoft's LinkedIn a National Security Risk, Microsoft's Slop "Ambitions Face Investor Scrutiny Amid Soaring Costs"
Links for the day
Gemini Links 28/03/2026: "Finding My Base Tone", "Astrobotany", and BugoutBack/OFFLFIRSOCH
Links for the day
Links 28/03/2026: More Worldwide Bans on Social Control Media (Harms to Adolescents), Protests in US Against Dictatorship
Links for the day
SLAPP Censorship - Part 26 Out of 200: Asking for Documents and Information You Already Have, Even Letters and E-mails That You Yourself Sent!
barristers are expensive
Gemini Links 28/03/2026: Echo Delay and 0x0.st
Links for the day
Rumours of More IBM Mass Layoffs at Beginning of April
IBM is not doing well
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Friday, March 27, 2026
IRC logs for Friday, March 27, 2026