Bonum Certa Men Certa

What Team Battistelli Claims to be Independence of the Boards of Appeal Actually a Likely Dismissal Plan for 'Unwanted' Judge (and Maybe His Protectors), Potentially Permanent Unemployment Plan

Whatever Battistelli wants from the Administrative Council (even collective punishment) he still gets

Independence of the BoA page 1



Independence of the BoA page 2



Independence of the BoA page 3



Summary: The Boards of Appeal (BoA) at the EPO have just been dealt another blow by Battistelli and new texts shed light on further crackdowns, not independence

Team Battistelli (i.e. Battistelli and his flunkies) habitually lies to staff and to journalists. Truth does not seem to matter anymore. On Friday we dissected the pack of lies released under the umbrella of "news" by EPO management after it had crushed the Boards of Appeal even further, paving the way for -- as one person correctly noted -- even more punishment (potentially collective punishment, which is hugely controversial and merely serves to discredit the whole Organisation).



With help/cooperation from his blindly loyal payees in the Administrative Council, Battistelli may have just engineered dismissal of the judge who allegedly spoke about Battistelli's right-hand man (criminal charges in Croatia). To quote:

Why this reform is urgent?

21. (…) the President of the BOA will be responsible for proposing disciplinary action to the Administrative Council with regard to the members, including the Chairmen, of the BOA and the members of the EBA.

5. (…) the President of the BOA shall be appointed by the Administrative Council on a joint proposal made by the BOAC and the President of the Office (sic).

After this reform, the suspended member of BOA could be easily dismissed on proposal of the President of the BOA (for sure a BB [Battistelli] good friend). The members of the Enlarged Board who dared to organize the public oral proceedings will be in trouble too.


This is exactly what we had in mind all along. The above puts it nicely citing the relevant paragraphs. Another comment says:



If the AC really were concerned about the independence of the BoAs, then why did they approve amendments that arguably make the Boards less independent (at least in some respects)?

It is not like they could not judge the effect of the proposals upon independence: AMBA's comments on that point were unambiguous.

By the way, does anyone have a copy of CA/29/16 as amended that they are willing to make available? I am willing to wager that the most problematic issues with that proposal were not adequately dealt with by the amendments.


AMBA does not matter to Battistelli as it's probably seen as an obstacle to his agenda. Regarding CA/29/16, says another comment: "I think those were only the proposal documents. As far as I understood the text wasn't agreed as so much time was spent on DG3? The DG3 document was amended to drop references to non-DG3 staff with regard to these documents but wasn't that just a nicety and CA29/16 would continue to be applicable to all staff if approved?"

Someone did eventually upload or link to CA/29/16 (annotated). We have made local copies of the following PDFs for long-term preservation purposes (differences shown at the top for those who are not eager to open PDFs on the World Wide Web):



Here you go:

CA/29/16 Rev. 1: Post-service integrity: prevention of conflicts of interest

CA/29/16 Add. 1 Rev. 1: Post-service integrity: prevention of conflicts of interest: comparison between existing and new text


"The amendments made by the Admin Council in CA/43/16 Rev.1 might not do everything you want," one person wrote, "but they do address some of your concerns. They are more than "purely cosmetic". Please read the actual document itself, not just the summary on the EPLAW blog. For example, the BOAC now has to consult users about amendments to the Rules of Procedure, not just the EPO President. The actual wording is to be proposed by the new President of the Boards of Appeal, advised by the Presidium."

Yes, but who will be choosing or consenting to (or contrariwise, vetoing) a new President of the Boards of Appeal? See the comment above. "What is truly missing here is a comparison with national provisions/case law applicable in similar national cases," another person wrote. "What is even more missing is an independent court capable to test proportionality and application of these CA/29/16 provisions. First of all, it goes about compensation for lost time and opportunities."

"Battistelli just wants the perception of justice and a perception of independence, albeit it's not clear at all how the latest changes would help achieve this."The matter of fact is, as usual, national laws are largely ignored. They're seen as obstacles. Battistelli just wants the perception of justice and a perception of independence, albeit it's not clear at all how the latest changes would help achieve this.

Citing Robin Jacob at 'IP and Other Things' the above quotes the following "for the AC [Administrative Council] of the EPO," s/he said. It goes like this: "And the wider our experience the more we can develop what I think is a key attribute - the ability to put yourself in the place of the other man or woman, whether they be litigant or witness or anyone else. This attribute - empathy-is precious; beyond just the courts it is one of the greatest protections against cruelty and one of the greatest forces for peace."

It sure sounds like he was talking about Battistelli even though he certainly was not. What happens at the EPO right now is hugely damaging to the perception of lawfulness. Not only has the Office made some truly dubious hirings but it also viciously attacks those who are brave enough to bring up the subject. It's the kind of behaviour one might expect from the Pentagon, so why not at the increasingly-militaristic EPO?

"What happens at the EPO right now is hugely damaging to the perception of lawfulness.""EPO Stooge" wrote: "All of the alleged "decisions" of the administrative council (i.e. 43/16 and 29/16) are proposals only, it it clearly says in every case "for decision" on the cover page. In contrast, all decisions of the AC clearly state "Decision of the Administrative Council for/to/...". I haven't seen any official statement of the AC yet and what BB posts on the EPO's intranet (quoted several times above) has a credibility rating of close to 0%, at least if its face value is concerned. Before jumping to conclusions, lets wait for both explicit decisions and an official statement by the AC (in a hidden niche on the EPO.org homepage). It should come out next week. There's a lot of tactical moves going on, on both sides of the EPO/AC fence." Well, another comment from "EPO Stooge" said: "Please disregard my latest comment re official AC statement on 148th meeting, just saw it (http://www.epo.org/about-us/organisation/communiques.html#a25). I'm very surprised that they actually did allow proceedings for a removal to a new building in Munich, after initial strong words against it, including those of influential members like Grossenbacher. Depressing. Deeply intransparent."

Well, there he goes. Battistelli received everything he wanted and due to obsession over this one single matter there was no time at all to discuss his gross abuses (and failure to address demands) while he got the usual protection from his 'clients' and friend, Mr. Grossenbacher (the story of Brimelow led some to the suspicion that it was Grossenbacher along with Battistelli who had elbowed her out [1, 2, 3]).

Recent Techrights' Posts

StatCounter Shows the Market Share of Vista 11 is Decreasing in Ukraine This Year
Microsoft abandoning Vista 10 users would be a victory for Vladimir Putin
The "Gold" Rule: Taking Money for Reputation Laundering and Openwashing Under the "Linux" Banner
Seller of expensive toilet paper, Jim Zemlin
LLM Slop Says Slop is "coming for white-collar jobs. Microsoft’s layoffs are just the start"
Look what the Web has become
Reporting Facts About Violence Against Women Deserves Awards, Not Frivolous Lawsuits and Threats
What is Microsoft's stance on women's safety?
Linux.com as Spamfarm of the Linux Foundation, Partner of the Gates Foundation
They no longer publish articles
Slopwatch: The Typical Slopfarms and the 'Brian Fagioli Dilemma'
To the Web and to society (exposed to the Web) LLMs are a net negative
 
Links 16/04/2025: Cliff Lynch RIP, More Attacks on Science (NASA)
Links for the day
Google Promotes Fake Articles (LLM Slop) Instead of Originals, Relaying Microsoft's Linux FUD Emanating From Microsoft LLMs
Shame on Google for participating in the slopfest
In Some Countries the Largest OEMs Already Dump Microsoft Windows
Windows at 18.9%, Android 60.2%
Microsoft Down From 100% to 10% in Myanmar/Burma
only about 4% of Web requests in Myanmar/Burma come from Vista 11, soon to be the only "supported" version of Windows
When Fedora Said It Was Looking to Integrate "AI" It Meant Promoting Microsoft's Proprietary Spyware and GPL-Violating Slop
When they say "AI" they mean Microsoft
It Used to be IBM, Now It's Microsoft (Why You Need to Fire Microsofters or CIOs Working for Microsoft)
Typically the only effective solution is to identity and remove Microsofters from one's project/organisation (before they can bring more Microsofters in)
IBM Closes Offices and Labs in the United States to Open New Ones in India
It's not layoffs per se; they're substituting/swapping veteran employees for lesser-paid ones
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Tuesday, April 15, 2025
IRC logs for Tuesday, April 15, 2025
Gemini Links 16/04/2025: IndieWeb Carnival, Tinylog RFC, "Focus, the Web and Gemini"
Links for the day
Links 15/04/2025: Touchable Volumetric Display and Resistance to American Spying Firms
Links for the day
Links 15/04/2025: Some People Cannot Read and Re-discovering of 'Web 1.0'
Links for the day
Links 15/04/2025: China Admits Targetting Critical Infrastructure Using CALEA Back Doors, NASCAR Cracked by Windows Usage
Links for the day
Why We Support Carole Cadwalladr (Even If We Don't Agree With Everything She Said)
I first became aware of Cadwalladr's work a long time ago
Microsoft's Serial Strangler Chose to Attack Techrights With SLAPP When Over 400 Victims of Mohamed Al Fayed Complained About Media's Role in Enabling Him
There is a strong element of "free press" here
A Coalition or a Coup of Sexism
In the Free software community it's hard to avoid this issue
statCounter Sees GNU/Linux at New High of 6% in Bosnia and Herzegovina
GNU/Linux is measured at all-time high
To Celebrate Git Turning 20 Linus Torvalds is 'Selling Out' to Microsoft and Proprietary Software Which Attacks Git (E.E.E.)
He makes it seem like he's endorsing his attackers
Gemini Protocol Milestone (3,000 Active Capsules)
and a total of nearly 4,500
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Monday, April 14, 2025
IRC logs for Monday, April 14, 2025
Gemini Links 14/04/2025: Silver Pigs and more Foundation, Disliking Computers
Links for the day
Hundreds of Microsoft Layoffs (Net Headcount Decrease) in the United Kingdom
headcount decreased
Links 14/04/2025: Russian Attack on Sumy Shows No Intention of Peace, Virgin Australia Admits Overcharging People
Links for the day
The Dilemma of Web Browsers Lying About What They Are (in Order to Bypass Discriminatory Gateways Like Clownflare) Worsens Due to LLM Slop
LLM crawlers/scrapers have made sites more restrictive and hostile towards browsers that are potent but not "famous"
What Really Matters to Companies is Net Income or Profit (Bankruptcy is Possible Even With High Revenue)
We ought to stop talking about revenue without focusing on actual profit
Carole Cadwalladr Talks About How Big Business Tried to Silence Her (and Why You Might be Next)
Our story is very different from Cadwalladr's for many reasons
Companies Conspiring to Keep Salaries Down and Undermine Competition
People who do all the practical work are being paid less and made to work for much longer
Links 14/04/2025: Disinformation, Public Disdain for LLMs, and "Lessons on Tyranny"
Links for the day
LLM Slop and SEO SPAM Take Us Further Away From Facts (the Case of IBM Layoffs)
Some of these can impact Red Hat as well
Gemini Links 14/04/2025: Ween and Historic Ada Project Management
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Sunday, April 13, 2025
IRC logs for Sunday, April 13, 2025
Influencers: Red Hat, Inc's IPO, 1999, post-mortem on the directed share offer to open source developer community
Reprinted with permission from Daniel Pocock