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

[Meme] The Heart of Staff Rep
Rowan heartily grateful
 
Links 18/04/2024: Misuse of COVID Stimulus Money, Governments Buying Your Data
Links for the day
Gemini Links 18/04/2024: GemText Pain and Web 1.0
Links for the day
Gemini Links 18/04/2024: Google Layoffs Again, ByteDance Scandals Return
Links for the day
Gemini Links 18/04/2024: Trying OpenBSD and War on Links Continues
Links for the day
IRC Proceedings: Wednesday, April 17, 2024
IRC logs for Wednesday, April 17, 2024
Over at Tux Machines...
GNU/Linux news for the past day
North America, Home of Microsoft and of Windows, is Moving to GNU/Linux
Can it top 5% by year's end?
Management-Friendly Staff Representatives at the EPO Voted Out (or Simply Did Not Run Anymore)
The good news is that they're no longer in a position of authority
Microsofters in 'Linux Foundation' Clothing Continue to Shift Security Scrutiny to 'Linux'
Pay closer attention to the latest Microsoft breach and security catastrophes
Links 17/04/2024: Free-Market Policies Wane, China Marks Economic Recovery
Links for the day
Gemini Links 17/04/2024: "Failure Is An Option", Profectus Alpha 0.5 From a Microsofter Trying to Dethrone Gemini
Links for the day
How does unpaid Debian work impact our families?
Reprinted with permission from Daniel Pocock
Microsoft's Windows Falls to All-Time Low and Layoffs Reported by Managers in the Windows Division
One manager probably broke an NDA or two when he spoke about it in social control media
When you give money to Debian, where does it go?
Reprinted with permission from Daniel Pocock
How do teams work in Debian?
Reprinted with permission from Daniel Pocock
Joint Authors & Debian Family Legitimate Interests
Reprinted with permission from Daniel Pocock
Bad faith: Debian logo and theme use authorized
Reprinted with permission from Daniel Pocock
Links 17/04/2024: TikTok Killing Youth, More Layoff Rounds
Links for the day
Jack Wallen Has Been Assigned by ZDNet to Write Fake (Sponsored) 'Reviews'
Wallen is selling out. Shilling for the corporations, not the community.
Links 17/04/2024: SAP, Kwalee, and Take-Two Layoffs
Links for the day
IRC Proceedings: Tuesday, April 16, 2024
IRC logs for Tuesday, April 16, 2024
Over at Tux Machines...
GNU/Linux news for the past day
Inclusion of Dissent and Diversity of Views (Opinions, Interpretations, Scenarios)
Stand for freedom of expression as much as you insist on software freedom
Examining Code of Conduct violations
Reprinted with permission from the Free Software Fellowship
Ruben Schade's Story Shows the Toxicity of Social Control Media, Not GNU/Linux
The issue here is Social Control Media [sic], which unlike the media rewards people for brigading otherwise OK or reasonable people
Upgrading IRCd
We use the latest Debian BTW
The Free Software Community is Under Attack (Waged Mostly by Lawyers, Not Developers)
Licensing and legalese may seem "boring" or "complicated" (depending on where one stands w.r.t. development), but it matters a great deal
Jonathan Cohen, Charles Fussell & Debian embezzlement
Reprinted with permission from disguised.work
Grasping at Straws in IBM (Red Hat Layoff Rumours in 2024)
researching rumours around Red Hat layoffs
GNU/Linux Continues to Get More Prevalent Worldwide (Also on the Desktop)
Desktops (or laptops) aren't everything, but...
Who is a real Debian Developer?
Reprinted with permission from Daniel Pocock
Links 16/04/2024: Many More Layoffs, Broadcom/VMware Probed (Antitrust)
Links for the day
Links 16/04/2024: Second Sunday After Easter and "Re-inventing the Wheel"
Links for the day
Upcoming Themes and Articles in Techrights
we expect to have already caught up with most of the administrivia and hopefully we'll be back to the prior pace some time later this week
Links 16/04/2024: Levente "anthraxx" Polyák as Arch Linux 2024 Leader, openSUSE Leap Micro 6 Now Alpha, Facebook Blocking News
Links for the day
Where is the copyright notice and license for Debian GNU/Linux itself?
Reprinted with permission from Daniel Pocock
Halász Dávid & IBM Red Hat, OSCAL, Albania dating
Reprinted with permission from the Free Software Fellowship
Apology & Correction: Daniele Scasciafratte & Mozilla, OSCAL, Albania dating
Reprinted with permission from the Free Software Fellowship
Next Week Marks a Year Since Red Hat Mass Layoffs, Another Round Would be "Consistent With Other Layoffs at IBM."
"From anon: Global D&I team has been cut in half."
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Monday, April 15, 2024
IRC logs for Monday, April 15, 2024