Bonum Certa Men Certa

Dutch Court Rules Against SUEPO (in a Reversal), But EPO Management Would Have Ignored the Ruling Even If SUEPO Won (Updated)

Correction: Based on the translation we have received, this is not final yet. See the translation added to the bottom.

Does the 'slayer' Willy Minnoye accept this ruling (because it's in his favour)?

Willy Minnoye caricature



Summary: SUEPO loses a case against EPO management, but the EPO's overzealous management was going to ignore the ruling anyway

THE EPO's management is so extremely arrogant that it perceives itself as above the law, immune from courts (even at The Hague which is famous for some of its courts), and totally unaccountable. If Eponia was a real nation, it would probably be something like North Korea, where reporting is frowned upon and unhappiness (in public) is barely an option. Dissent is a heinous crime and the Internet is blocked from inside the country 'for protection' (like the EPO blocking Techrights).



"Dissent is a heinous crime and the Internet is blocked from inside the country 'for protection' (like the EPO blocking Techrights)."Willy Minnoye, speaking on behalf of the EPO's top-level management, said he would ignore the ruling from the highest Dutch court if it ruled in favour of SUEPO, the Staff Union of the EPO. To say so publicly on Dutch television is to basically insult the citizens of the Netherlands, a host country of the EPO (Minnoye is not Dutch by the way).

"Severe defeat for SUEPO, Union and Labour rights, Human rights in The Netherlands" was reported to us this afternoon after "SUEPO [had] lost the case in cassation!" [sic]

Here is the report about it (in Dutch). Stay tuned as we shall update this article with a manual translation very shortly.

Update: Petra Kramer has produced for us a translation of the aforementioned article and as far as we are aware, it's the first English translation of the news (with our highlights added):



AG: Dutch judge unauthorized in dispute between European Patent Office and unions



The European Patent Office (EPO) was right to claim immunity from jurisdiction in a dispute. That means that the international organization can not be brought before the Dutch courts in disputes about the official activities of the organization. The Dutch court has no jurisdiction to adjudicate in a dispute between the Rijswijk-based European Patent Office, a unit of EPO, and the trade union association of the European Patent Office and the umbrella union for employees of EPO. Advocate General Vlas wrote today in his opinion, an advice to the Supreme Court.

A conflict arose between the EPO and the union union of EPO (VEOB) and the umbrella union for employees of EPO (SUEPO). The reason for this conflict are, among others new lines crossed in the service rules of the European Patent Office. VEOB and SUEPO find that the rules restrict the right to strike too much and that EPO should recognize them as social partners in collective negotiating. This case concerns the question whether the granting EPO immunity constitutes an impermissible restriction on the right of access to justice within the meaning of the European Convention on Human Rights.

A preliminary injunction judge dismissed EPO's claim on immunity but rejected the claims of VEOB and SUEPO - the withdrawal of the strike rules and recognition as social partners. According to the court VEOB and SUEPO can address their demands to the central organization. On appeal the court also ruled that EPO can not rely on immunity. The court upheld the claims of the unions. Against this judgment the EPO brought an appeal in cassation. The State supports the position of EPO as intervener. According to the Minister of Justice, the State need to abide by agreements on immunity of international organizations.

Advocate General Vlas states that the right of access to justice in accordance with the European Convention on Human Rights is not absolute. According to Vlas, VEOB and SUEPO's rights must be sufficiently guaranteed by the EPO in existing internal dispute procedure with an appeal of individual employees and employee representatives at the Labour Tribunal of the International Labour Organisation in Geneva. The core of the right of access to justice guaranteed by the European Convention on Human Rights is therefore not affected, says Vlas.

A conclusion is an independent, non-binding, legal opinion to the Supreme Court. The Advocate General is a member of the Public Prosecutor at the Supreme Court. The prosecutor at the Supreme Court is an autonomous, independent part of the judicial system. It does not belong to the Public Prosecutor.

It is expected that the Supreme Court will deliver its verdict on 20th January 2017.

Comments

Recent Techrights' Posts

EPO Staff Can Go Listen to Richard Stallman Next Week in Munich (Technical University of Munich, Rudolf-Diesel Hörsaal (MW2001) on Campus Garching at 18:00)
"The talk is open to the public and attendance is free. Registration is not required."
At IBM, Relocation Means Layoffs (Downsizing)
Silent or 'invisible' layoffs?
Dystopian Trends in Technology Make Richard Stallman More Relevant Than Ever
It's good to see him attracting vast audiences
Richard Stallman (RMS) Announced His Talk Less Than 24 Hours Before It Took Place and Still Filled Up the Auditorium at Sapienza Università di Roma
Photos from yesterday evening [...] It looks like it was a very successful event
 
The European Patent Office (EPO), the Second-Largest Institution in Europe, is Cracking Down on Recreational Activities
Without AMICALE activities, and as staff already says it's pressured to work more for less, how can the EPO recruit bright people?
Transparency: FSFE financial reports exclude speaker fees and expenses
Reprinted with permission from Daniel Pocock
Many Developers Have Many Political Views, They'll Never Agree on Everything
It's an effort to divide and destroy, not build
Gemini Links 14/10/2025: An Opportunity to Consider GNU/Linux and Another Simple IRC Client
Links for the day
Slopwatch: UbuntuPIT, LinuxSecurity, Google News, and the Serial Slopper Brian Fagioli
Nothing of merit here, just more slop
Links 14/10/2025: Lack of Trust in Slop and "Retirement Challenges"
Links for the day
Rhonda D'Vine, Gerfried Fuchs, Pronouns & Debian pregnancy cluster
Reprinted with permission from Daniel Pocock
Central Staff Committee of the European Patent Office (EPO) Warns That EPO Management is Robbing or Manipulating Pension Funds Again
Faking "growth" is just about as bad as forgery
Probably a Lot Worse Than LLM Slop: GNOME Tying Itself to Divisive Politics, Even Where It's Clearly Not Relevant
Something has gone terribly wrong in GNOME
Links 14/10/2025: Microsoft OneDrive Scanning Faces in Photos (Without Asking First), "OpenAI Says It Will Move to Allow Smut"
Links for the day
They Generally Don't Like Scholars, as They're Less Compelled or Pressured to Repeat What Corporations and Oligarchs Say
People who loathe scholars have an agenda in mind that, unlike that of reasonable people, revolves around controlling people
Belated New Article About Last Thursday's Lecture by Richard Stallman in Helsinki, Finland
there are good reasons to pay with cash, not limited to privacy
Attacking Richard Stallman Has Become 'Career Suicide'
If you're going to viciously attack somebody, make sure your arguments are rock-solid
Microsoft's Failing XBox Business Has Turned Games Into Funerals
How does it feel to depend on Microsoft?
Yesterday's "Distinguished Lecture" by Richard Stallman Possibly Attended by Close to 1,000 People
The capacity of the place is about 900
Slop Poisons Everything
Imagine wanting to find what Torvalds has just said or what has just been released
Taking Software Freedom 'Mainstream'
interest in Software Freedom must have grown
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Monday, October 13, 2025
IRC logs for Monday, October 13, 2025
Gemini Links 14/10/2025: Ada Lovelace Day, Sony CLIE PEG-TG50 Review, Why to Avoid Network Solutions
Links for the day
The EPO's War on Techrights Was a Massive Mistake
The EPO started the SLAPPs after we had published a few hundreds of articles; we've since then published close to 6,000 because the attacks on us emboldened insiders to help us
General-Purpose Computers to Become Growing Area of Coverage
Without them, we have little left for controlling our lives
"They missed a great opportunity to shut up." -Jacques Chirac
Brett Wilson LLP has been trying to cheat the legal system many times
Harassment evidence: Switzerland, overcrowded fitness and yoga centers, incompetence and racism in accident response
Reprinted with permission from Daniel Pocock
Vincent Danjean & Debian NXIVM collateral, blackmail risks
Reprinted with permission from Daniel Pocock
In Sweden This Past Friday Richard Stallman Explained Why Copyleft is Important
And he didn't have to 'bash' BSDs, either
IBM Layoffs Due to a Lack of Money and Company Debt Rising by Almost 10 Billion Dollars in 6 Months
IBM didn't buy Red Hat for any ideological reasons; it was a fast "cash grab" for revenue
Forbes Already Stopped Being a News Sites. Now It's a Spam and Propaganda Platform for "Paying Partners" (Companies).
news from Forbes became very scarce
Is the Second-Largest Institution in Europe (EPO) Gradually Becoming More Like a Sweatshop?
Underpaid, unqualified, inexperienced and incompatible people are already recruited to replace veteran examiners
The Register MS Has No FOSS Coverage Anymore
The Editor in Chief is like a Microsoft plant
Links 13/10/2025: "Toasty Subwoofer" and WiFi Speakers "Are About To Go Dumb"
Links for the day
Gemini Links 13/10/2025: iNaturalist and Tove Jansson’s Moominpappa at Sea
Links for the day
Microsoft Does Not Deny That Large Retailers Like Walmart, Costco and Target Are Giving Up on XBox (and Not Stocking It)
No doubt XBox is in trouble and rumours suggest that more mass layoffs are imminent
We'll Encourage Richard Stallman to Talk About Software Patents at the EPO Next Week When He Visits Munich (EPO Headquarters)
Go listen to Richard Stahlmann
Investigative Journalism Protects Society From Corruption, Crimes Against Women, Assaults on Civil Society
"what is the point of men doing military practice to defend a system that is so rotten?"
Swiss pimp usurping reputation of legendary Tissot boss Francois Thiébaud from France (BaselWorld, SWATCH Group SA)
Reprinted with permission from Daniel Pocock
Paris 'Love Nest' & Debian Outreachy: from Lycée Lakanal to ENS Cachan, Cr@ns, nepotism
Reprinted with permission from Daniel Pocock
Richard Stallman to Give Public Talk in 3 Hours, Then in the Technical University of Munich (Germany) Next Week
Richard Stallman at TUM on 21.10.2025 18:00, MW2001
Arnaud Parreaux lost case defending rogue employer
Reprinted with permission from Daniel Pocock
Mathieu Elias Parreaux declared bankrupt in Switzerland
Reprinted with permission from Daniel Pocock
Breakdown of the Rule of Law and Patent Law in the European Union (EU)
The EPO cannot recruit suitably qualified patent examiners this way, let alone retain them
Gemini Links 13/10/2025: Good Films, Wizard of Earthsea, Upgrading the Steam Controller's Stick
Links for the day
Leaks and Whistleblowers: Our Plan for Today
Society simply cannot advance when too many people self-censor
It's Not Justice When One Side Denies the Other Side the Ability to Even Speak
At this stage, Brett Wilson LLP is in my humble opinion acting in contempt of the Court
Links 13/10/2025: Australian Catholic University Uses Slop to Libel Students, Canada Threatens to Kill Beluga Whales
Links for the day
How Not to Silence Tux Machines (It'll Only Backfire, Badly)
defending Microsoft while attacking this site
Slopwatch: UbuntuPIT and Google News
It seems abundantly clear that Google News and Google in general participates in the slop epidemic
Vincent Danjean (not INTERPOL), Claire Bardel & Debian pregnancy cluster
Reprinted with permission from Daniel Pocock
Christmas lynchings: Martin Krafft (madduck), Penny Leach (mjollnir) & Debian pregnancy cluster
Reprinted with permission from Daniel Pocock
Gemini Links 13/10/2025: Birthdays and "Committee Unable to Contact Nobel Prize Winner"
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Sunday, October 12, 2025
IRC logs for Sunday, October 12, 2025