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

Synthesised Voices Aren't a New Technology (the Hype Might Be, They Call It "Hey Hi" Now)
I still consider this an extension of the "hey hi" (AI) hype
 
Almost Half the Web Users Connecting to Your Site Are Using Linux
almost 1 in 2 Web-connected devices runs Android and about 2% run "proper" GNU/Linux
The Web Has Severe Amnesia Problems, But We Still Remember How Gilberto Gil Promoted Free Software in Brazil
The Digital Tipping Point (DTP) is years behind us now
LLM Hype is Already Descending, Apple Stopped Investing in the Money Furnace
Wall Street is a perverse force in the technology market, incentivising the most harmful (and mostly useless) things
Change Control and What Will Come After Git (If That's Still Possible at All)
It would be wrong to believe (at least misguided) Git can be a "standard" skill 30 or 50 years from now.
On the Web, HTTPS Has Actually Become a Privacy Problem (Broadcasting Usage/Access to the All-Seeing CA Eye). Geminispace Doesn't Have This Problem.
Down to 23 capsules: the rapid demise of Certificate Authority (CA) Let's Encrypt in Geminispace
Links 07/10/2024: Politics, Education, Wars, Financial Crunch
Links for the day
Munich Was Having Real Difficulties Moving From GNU/Linux to Windows
How many are still using GNU/Linux?
Links 07/10/2024:China’s 'Deflation' (Price Decreases), Brazil Still Bars Twitter ("X")
Links for the day
Links 07/10/2024: "Creative Computing" Turns 50, Long War in Middle East Turns 1
Links for the day
Gemini Links 07/10/2024: Luck and Dishonesty, Gaming Getting Worse
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Sunday, October 06, 2024
IRC logs for Sunday, October 06, 2024
EPO: We Give Recognition to Frauds
Good to see some frank recognition right there in the EPO's own Web site
Even Though We Don't Focus on statCounter for Now (Not Our Top Priority) GNU/Linux Reaches New Highs This Month:
We caught GNU/Linux at 4.86% before, but only temporarily
Links 06/10/2024: Ham Radio for Recovery, Health Problems Worldwide
Links for the day
Gemini Links 06/10/2024: Special Interest Galore and Religion
Links for the day
Keeping Control Out of Dictators' Hands
When people are just "numbers"...
Links 06/10/2024: Misinformation Growing on the Web, "Hey Hi" Hype Waning for Lack of RoI
Links for the day
[Meme] Years Have Passed and EPO Management Still Isn't Obeying a Ruling From a Court Regarding Communications Between Staff
Representatives talking to their staff is "privacy violation"?
Presentations of the Staff Union of the European Patent Office in Its Headquarters Tomorrow After Work
Annual General Meeting and reports
Gemini Links 06/10/2024: SSH Keys and Hobby Game Development
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Saturday, October 05, 2024
IRC logs for Saturday, October 05, 2024
[Meme] How to Keep Granting Hundreds of Thousands of Fake Patents (Without Upsetting Anybody in Politics and Media)
This is very Kremlin-like
EPO Examiners to Adopt Resolution Condemning EPO Management for Breaking the Law in Order to Grant Many Illegal Software Patents
Europe's second-largest institution (EPO) is a law-breaking institution hiding behind the veil of "law"
[Meme] Sup, Nazi?
"Come back, one year"
Calling "Nazi" and "Right Wing" Everyone Who Does Not Agree With You (Even Leftists Whose Views on Some Issues Slightly Differ From Yours)
Oil money has become exceptionally notorious for takeover of online platforms and institutions/NGOs (using them to incite society inwards, not upwards)
EFF Losing the Plot
Like the Linux Foundation and OSI, the EFF has succumbed to corporate influence and is derailing itself (along with its original mission)
Links 05/10/2024: Patents Being Squashed, EFF Insists on Children's Access to Porn
Links for the day
Gemini Links 05/10/2024: Multitudinous Agreeable Futures and Misfin Mail
Links for the day
EFF Celebrates Microsoft Windows and Microsoft Office as "Digital Inclusion", Mocks GNU/Linux-Based ChromeOS
Yet another example/evidence that EFF has become a rotten pile of junk
Links 05/10/2024: Amazon Culling 14,000 Managers, About 160 People Resign From Automattic
Links for the day
Microsoft Moles in Nerdearla, Openwashing and Whitewashing Microsoft With Its Latest Ponzi Scheme and Storytelling
Also GPL violations en masse
The Danger of Outsourcing Your Platform to Social Control Media and Getting "Information" There
Stella is probably not aware of what she has just done
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Friday, October 04, 2024
IRC logs for Friday, October 04, 2024
Links 05/10/2024: Shift to ARM, Microsoft XBox Crisis
Links for the day