Bonum Certa Men Certa

Battistelli is an Autocrat Above the Law and It's OK, Holland's High Council Says

Grabbing the EPO by the *****

Battistelli Trump



Summary: Battistelli's autocratic tendencies will not be challenged by Dutch authorities, in spite of sheer condemnation from many groups all across Europe and the entire world

THERE IS some bad news regarding the EPO, as it turns out that the Dutch court is unwilling to do anything about Eponia's abuses (the photo in the article has been changed for some reason, but we got a copy and modified it slightly). "Excellent article," called it an anonymous insider. "Bravo to Mr König and the NRC. Translation desperately needed for our non-dutch speakers..."



"It's grave news," Petra Kramer (Dutch speaker) said. "The High Council chose Batistelli's side."

Well, Battistelli's 'side' is that he's immune from the law. It's hardly a side to be proud of (in the words of the insider: "Greed for money and power was determinant?") and this decision is not particularly surprising after what the Advocate General said some months back. Kramer will supply us with a full translation of the article from NRC (media behemoth in the Netherlands). We'll add it below when it is ready.

Update: Here is the translation from Kramer:

Patent Office in Rijswijk remains immune



European Patent Office

The European Patent Office in Rijswijk, and its temperamental chief Battistelli, get a lot of criticism. Judges in the Netherlands are not allowed to intervene.

Can an employer in the Netherlands have a private investigator interrogate employees without a lawyer present? Is he allowed to dismiss union leaders or decrease their salary or pension? Is he allowed to refuse to labor inspections after a suicidal employee jumps out of a window of the office?

It all happened at the European Patent Office in Rijswijk. And Dutch judges are unauthorized to decide about the patent office. That's what the Supreme Court on confirmed on Friday in a long-awaited decision. The Patent Office is an international organization which enjoys legal immunity in the Netherlands, says the Supreme Court.

In other words, the patent office is a kind of legal island in the Netherlands. The Supreme Court verdict is important for all forty international organizations in the Netherlands, such as the International Criminal Court and the European Space Agency. For union SUEPO of the patent office this is a severe setback.

The Bureau approved patent applications and grants patents that are valid in all 38 member countries. With clients such as Philips, Samsung, LG and Siemens, the patent office is important for the European market protection. The agency employs 7,000 specialist, well-paid workers in Germany, Austria, Belgium and the Netherlands.

Temperamental CEO

The patent office is also notorious for his temperamental French President Benoît Battistelli (66). The CEO has long been at war with SUEPO union, which claims to represent half of the staff, but is not officially recognized. Last year, three union representatives have been dismissed and three others have been demoted. SUEPO denounces the pressure of work, authoritarian management and legal status of employees.

The battle hardened when the Hague Court of Appeal ruled in early 2015 that the agency should not limit strikes, union emails should not be blocked and the union must be recognized. Then Minister of Justice Ivo Opstelten (VVD) ordered bailiffs not to execute the judgment in order to ensure the immunity of international organizations: an unusual situation.

The patent office then went in appeal to the Supreme Court, with the support of the Dutch state, which joined as a party. The Netherlands doesn't want to drive out other international organizations, because it is bad for the reputation of the business climate and the economy. Battistelli delicately reminded the Cabinet last year that his office adds "1 billion" in sales to the Dutch GDP and invests "250 million" in a new high-rise building.

The Supreme Court has reversed earlier judgments of the preliminary court and the Hague Court. Labor rights are sufficiently protected by the internal disputes procedure. They can also appeal to the International Labour Organisation in Geneva.

But the dispute procedure is shaky and the road to Geneva is long, employees say. All that remains now is one solution SUEPO's lawyer Liesbeth Zegveld said prior to the Supreme Court:
"A lawsuit against the Dutch state because the violation of trade union rights take place on Dutch territory. Does the state do enough to prevent this? The answer is no."


Exploitation

Next month a parliamentary debate on the working conditions will be held. In a parliamentary debate last month, the patent office has already been criticized by SP and D66 and government parties PvdA and VVD. The PvdA cited the example of exploitation of Libyan and Sudanese staff in London. Didn't a British judge allow the European Convention on Human Rights to still outweigh the "diplomatic immunity"?

The conflict forces Netherlands in a strange dilemma. The state supported the patent office in the courtroom, but at the same time the government is critical. Secretary Martijn van Dam (Economic Affairs, Labour) recently expressed in a letter his concern about the "difficult relationship between unions and senior management." During the introductory interview which Van Dam held with Battistelli last year the Frenchman walked out the meeting in anger.

The Dutch patent world is concerned, says a spokesman for Economic Affairs. The Netherlands are represented by Derk-Jan de Groot, director of the Netherlands at the Patent Office. Together with other major patent countries like Germany, France, Sweden, Switzerland and the Netherlands is among the critical countries.

The problem is that the management board of all Member States, the highest body is too big and too diverse to reach a solution. Last year there seemed to have been a revolution, when 26 of the 38 Member States (with 12 abstentions) called Battistelli to a halt. They asked for arbitration in the conflict, cessation of ongoing proceedings against trade unionists and reform of sanctions. But almost all the proposals have been delayed, hence the situation "has not improved," according to a spokesman for Economic Affairs. One SUEPO member who was overwrought and therefore on sick leave at home, was subsequently fired. It seems that all parties are intent to let Batistelli serve out his second term which ends on June 30 next year.

The patent office welcomes the "confirmation of the legal immunity" by the Supreme Court and "will continue to work to strengthen the social dialogue," a spokesman said.

Recent Techrights' Posts

Microsoft's Mass Layoffs (30,000+ in 2025) Not About "AI", Just Business Failure
"AI" is replacing... the old excuses for mass layoffs
EPO People Power - Part XVI - Berenguer Does Not Speak German, So What Did He Tell German Police That Busted Him?
based in Germany and does not speak the language
Challenges for EPO Insiders to Try to Tackle in 2026
Nothing will get solved as long as the circus that runs this show tries to keep the circus going
 
You Know Your Critics Are Jealous and Have Inferiority Complex When...
One day we'll write about all this in great depth
Starting a Book With a Flawed Premise or Weak Hypothesis
To me, Schneier is a sort of "RMS of sec"
"But Corruption is Everywhere"
"We'll always have Polio..."
Days Without Slop About "Linux"
It's time to move on
Links 27/12/2025: Canada Post Strike Called Off, Debate About Europeans "Working Over Christmas"
Links for the day
Gemini Links 27/12/2025: Household Appliances and Flight Fright
Links for the day
Links 27/12/2025: US Cracking Down on Whistleblowers, Expanding Bombardment Campaigns Worldwide
Links for the day
Resuming EPO Coverage Today, Can António Campinos 'Survive' Cocainegate?
We said we'd continue in the weekend
Links 27/12/2025: More Attacks on Media (Meduza Co-founder Sentenced to Prison in Absentia), "What Owning Music Means To Me"
Links for the day
Gemini Links 27/12/2025: geminiprotocol.net Downtime and Capsular Gemlog Manager
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Friday, December 26, 2025
IRC logs for Friday, December 26, 2025
Tossing Embarrassing News Under the Christmastime Bus
This isn't just some coincidence; those are conscious choices
Victim-Blaming in Debian
Verhelst previously did blame-shifting when Debian suicide clusters happened
IBM Cuts in Japan, Red Hat is Attached to a Sinking Ship
IBM, which controls Red Hat, is a rapidly shrinking company
Manchester United Dumped Microsoft Because Qualcomm Sort of Did
The Windows PCs were an utter failure
Free Software Foundation (FSF) Supported by Unconventional Digital Bartering Communities
But no strings attached
Geminispace: 5,000 Capsules in 2026
There are 4.8k now
Gemini Links 26/12/2025: Careful What You Eat and "My Secret Santa"
Links for the day
The Indigenous Community Versus Corporate AstroTurt and 'Cancel Culture'
Good people will recognise exactly what's happening here and respond to it tactfully
Richard Stallman: Epstein is a Serial Rapist. Bill Epsteingate: Epstein is a Friend.
Supporting the FSF (or Richard Stallman) is supporting those who asserted Epstein had serially raped women
The Paradox of GAFAM: Saying You Protect Women, Appointing Abusers of Women to Run the Company
older articles
Censored by FreeBSD Core Team Secretary, Reinstated After Talking About it in Public
FreeBSD misfiring a CoC?
Links 26/12/2025: Chatbot Toys Terrorising Children, US Undeclared "War on Terror" Unilaterally Extends to Nigeria During Holidays
Links for the day
Links 26/12/2025: French Postal Services Under Russian Attack, U.S. Cheetos Accuse People Who Obstruct Information Warfare by Russia of "Censorship"
Links for the day
Debian's Daniel Kahn Gillmor is Wrong, Signal is No "Gold Standard" (It's Also Promoted by Proponents of Back Doors)
I'm not too sure why Debian or the ACLU would wish to associate with this
Next Year Will be the Year of Quantum, Just Like 2020, 2015, 2010, 2005 and So On
"Quantum" is the future
The Silent Power of Coercion Over Speech
The important thing is optics
Kazakhstan Doesn't Need GAFAM Datacentres (Spy Hubs)
Suffice to say, as far as we can gather nothing came out from the empty (false) promises of GAFAM's "data centers in Kazakhstan"
So Simple That You Can Touch and Feel It
In light of recent experiences
Christmas Music Project: Back to When Music Was Music
now Canonical (or Ubuntu) says we should make available tens of gigabytes of disk space
Internet Relay Chat (IRC) Under Attack by Cross-Network Spam Floods
So far we've been spared (our network has not been targeted at all) [...] Let's hope the spam won't discourage the hundreds of thousands of people worldwide who still use IRC
An "AI-Infused" Windows
Microsoft Windows isn't becoming a worthless pile of garbage by accident
Microsoft Laid Off Over 30,000 People This Year, Coders Are "Too Expensive"
Go get some popcorn. Microsoft "slopware" is about to get real!
Critics Have Long Said Microsoft Produces "Slopware", Microsoft Wants to Prove Them Right
Slop instead of code is a step in the right direction?
The Top 8 Innovations of IBM in 2025
What innovations will come out from IBM in 2026?
And as the Year Turns...
The significance of new years isn't based on geology or astronomy or anything like that
Appliances Versus Computers
Replacing a computer inside an object of some kind or inside an appliance (which nowadays includes "modern" cars) isn't simple and isn't cheap
A Dark Side of Europe
They try hard to silence people who speak about these issues
Why People Love Techrights (and Also Loved "Boycott Novell")
I will continue to publish for many decades to come
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Thursday, December 25, 2025
IRC logs for Thursday, December 25, 2025
Browsing Techrights With a GUI and 10 Megabytes of RAM Per Tab
Some people say it's not possible in 2025, maybe in part because they depend on very bloated software
A Tribute to Richard Stallman
It's about knowledge and sharing
Links 26/12/2025: Impermanence, Salt and Thermometer, Freetube
Links for the day
Gemini Links 25/12/2025: Hibernation and TV Detox
Links for the day
Canonical is Making the Cost of PCs Very High, Due to Unnecessary Ubuntu Bloat
They say the reason for the price surge is LLM hype/frenzy
Canonical's Ubuntu is Bloatware
How did Ubuntu get so fat?
The EPO is a Very Vicious Organisation You Neither Wish to Join Nor Stay in for "Too Long"
Consider what the EPO thinks of its own workers, the staff that actually does real work
2026 Will Hopefully Turn Out to be Slopless
we seem to be starting the post-Christmas period on the right footing
Links 25/12/2025: Mail Carriers in "a Murky Future", Dihydroxyacetone Man’s "Chip Embargo Against China Backfiring Spectacularly"
Links for the day
The Register MS: All I Want For Xmas is Microsoft
they actually put effort into it
How to Win Nobel Prize for Peace
Do you get to Heaven (or peace platitudes) by sleeping with 72 virgins?
The Right to Repair (Especially When Products Are So Poorly Made)
Many electrical appliances fail often/quick and are nearly impossible to repair
Links 25/12/2025: Ample Cover-up Found in Jeffrey Epstein Files; ChatGPT Causes Psychosis, Not a Good Use Case
Links for the day
Giving Money to Free Software
In life, people must make sacrifices to do what's right and just
The Register MS: Don't Use Linux
That really says a lot about The Register MS
EPO People Power - Part XV - EPO Cocainegate to Resume This Weekend
The next installment (number 16) will probably come out this weekend
Microsoft: XBox is Going "Online", "Cloud"...
XBox as a console is pretty much dead
The Year of the Bubble
We hope that in 2026 the marketing liars will find some new buzzwords to latch onto and quit calling everything "AI"
Mozilla Firefox is a GAFAM Browser With Slop, Move to a Free Software Web Browser
on mobile the options would be more limited
libera.chat Was Under Attack Last Night
Several months from now libera.chat turns 5
Free Software Foundation (FSF) Raises Over $300,000 Before Christmas
the FSF made it past $300,000
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Wednesday, December 24, 2025
IRC logs for Wednesday, December 24, 2025