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

People Used to Talk
If pets can live a measurably happy life without gadgets and "apps", why can't humans?
Rust is Starting to Seem More Like Microsoft-hosted "Digital Maoism", Not a Legitimate Effort to Improve Security
Maybe this is very innocent, but they seem to have taken a solid, stable program from a high-profile Frenchman and looked for ways to marry it with GitHub, i.e. Microsoft/NSA
Finland, Lithuania, and Latvia Fortify Their Digital Border With GNU/Linux
This month's data from statCounter is particularly interesting near the Baltic Sea
 
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Wednesday, May 07, 2025
IRC logs for Wednesday, May 07, 2025
The CoC Means the Founder of GNU/Linux Cannot Talk and a 72-Year-Old Man With Cancer is Somehow a "Safety" Risk?
Those who don't like RMS are not forced to attend his talks
Gemini Links 07/05/2025: A Shopping Spree and Digital Gardening
Links for the day
Links 07/05/2025: Pegasus Guilty and a Path Towards EU Without Russian Energy
Links for the day
Outsourcing GNU/Linux to Microsoft GitHub Promoted by Microsoft LLM Slop and Army Officers
Something doesn't seem right
Weaponisation of For-Profit Dockets - Part III: No More Media Lawsuits From Brett Wilson LLP This Year, One Can Only Guess Why
People leak a lot of material to Techrights because they know, based on the track record, that the sources will be protected and whatever gets published will stay online, in full, no matter how stubborn an effort (even lawsuits and blackmail) will be sent its way
Gemini Links 07/05/2025: Adopting GrapheneOS, Further Enshittification of Flickr
Links for the day
Links 07/05/2025: CISA Gutted, Debt-Saddled (Likely Insolvent) 'Open' 'AI' (Proprietary Slop) Faking Its Financial State Again
Links for the day
The European Patent Office (EPO) Has a Very Profound Corruption Issue, Far More Urgent an Issue Than Pronouns
a rather long document
Richard Stallman Gives Public Talk at Technical University of Liberec, Czech Republic
"For programs that you could run, and for network services that could do your own computing, under what circumstances is it reasonable to trust them?"
Today We Turn 18.5
The eighteenth "and a half" anniversary
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Tuesday, May 06, 2025
IRC logs for Tuesday, May 06, 2025
Microsoft Finally Admits That XBox is ****
In this case, "enshittification" is an understatement
Another Wave of Microsoft Layoffs Comes Shortly. Microsoft Propaganda Sites and Slopforms Powered by Microsoft LLMs Already Spew Out Face-Saving Nonsense.
Based on last month's leak, some very extensive layoffs are now imminent [...] Perhaps we can expect a lot of noise, some of it spewed out by bots, to distract from or belittle the impending mass layoffs
Ubuntu Becomes Microsoft GitHub, Based on Decision Made by British Army Officer
You're hopeless, Canonical
Slopwatch: Microsoft Slop, Anti-Linux Slop, and IBM Marketing Itself as a Slop Company
Microsoft-controlled LLM spewing out garbage about "Linux"
Links 06/05/2025: Microsoft's Assassination of Skype After Years of Failure, Slop Hallucinations Are Getting Worse
Links for the day
Links 06/05/2025: Changing Places and StarGrid for PalmOS
Links for the day
Windows and Microsoft Causing Serious Data Breaches, Media Rushes to Blame That on "Linux" Somehow
While selling us some rusty old propaganda about how moving to Microsoft GitHub (Rust) will improve security
Making Site Archives More Easily Accessible (Approaching 50,000 Blog Posts)
Efforts to censor us have always backfired badly
Weaponisation of For-Profit Dockets - Part II: Hiding Behind Lawyers and Barristers Who Lack Standards so as to Engage in Classic Corporate Extortion
They're trying to scare people and they misuse their licence to operate
Links 06/05/2025: LLMs/Chatbots Attract More Scrutiny (Getting Worse Over Time), PwC Has Many Layoffs
Links for the day
Thanks for listening. How can this Morse feed be further improved?
Right now any and all feedback on the audio would be helpful
statCounter: Bing's Market Share Lower Right Now Than It Was When LLM Hype Began (With "Bing Chat")
If anybody gains at Google's expense in search, it is BRICS' alternatives such as Yandex
Gemini Links 06/05/2025: Failure and Proxmox Cluster
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Monday, May 05, 2025
IRC logs for Monday, May 05, 2025