Bonum Certa Men Certa

The European Patent Office Officially Dishonours Justice, So It's Time for SUEPO to Become Clandestine

Is the European Court of Human Rights the next stop for this megalomaniac and autocrat?

EPO screw is loose



Summary: The war waged by Battistelli against his own staff escalates even further as the reign of terror continues, some believe as means of scaring the union leaders until they resign or lose their voice, let aside their independence which is long gone

THE ORIGINAL idea behind a civilised, reputable EPO is that it should honour rules/guidelines, but not even its President can honour his very own rules (Code of Conduct). To make matters worse, this so-called 'President' treats so-called 'judges' (a phrase from Donald Trump this week, for those who don't follow US politics) like clowns that can be flagrantly ignored at will. Even the highest court in the Netherlands is being treated like a joke or a circus by Battistelli and his manic protectors. Trump's disdain for judges is well-documented (like calling a US-born judge Mexican, then dismissing his judgment because he wasn't pleased with his supposed background, or more recently firing the Attorney General for saying exactly the same thing that dozens of other judges/solicitors have ruled since). Battistelli is allegedly hoping to be the head of UPC, which is a theoretical framework that would issue judgment enforceable in Europe and beyond! Only a lunatic would give the EPO -- and more so Battistelli -- any additional legal powers. His Napoleonic mindset belongs in the Dark Ages.



When the EPO came into existence it already had a staff union. SUEPO in fact predates the EPO itself (subjected to definition) and it exists to ensure that the staff plays a role in decision-making. Under Battistelli, however, just about every high-profile member (notably leader) of SUEPO was warned and/or severely punished. Battistelli simply refuses to grasp the concept known as "separation of powers" -- a problem which also extends to other parts of an Organisation he does not even lead (e.g. the appeal boards). He threatens and witch-hunts even his own overseers, most recently Roland Grossenbacher.

Lately, SUEPO members/leaders were apparently so mortified that they resigned. Shortly afterwards Team Battistelli went on the prowl/attack again, targeting yet another person in a raid that might resemble East Germany [1, 2].

Yesterday, judging by this comment, it became apparent that some brave SUEPO members/leaders might pursue their battle with Battistelli in Strasbourg, where Battistelli's right-hand man already faces corruption indictments. The comment said: "So what happens now? Having exhausted all available routes under national law in the Netherlands, can SUEPO take an alternative route and sue the EPO and/or the Dutch government in the European Court of Human Rights?"

Another person said that "a case against the Netherlands at the ECtHR would be the most obvious next step…"

Yes, I would imagine that a case against the Netherlands at the ECtHR would be the most obvious next step... hence the reference to Strasbourg in my earlier comment.

The case law of the ECtHR (including Matthews v. The United Kingdom) would seem to be in SUEPO's favour. Also, the Supreme Court's judgement, combined with ILO-AT's judgement 1542, would appear to make it possible for SUEPO to ask the ECtHR for a ruling.

It should now be obvious to all that the EPC lacks the checks and balances that might enable a (single) Council of Europe Member State to ensure that it meets its obligations under the ECHR (with regard to the EPO employees in its territory). In theory, this could lead to liability (at least for EPO host states) for entering into an international agreement that contravenes the ECHR.

Indeed, I believe that it is very important that the ECtHR provides a ruling on this point... otherwise it will establish a precedent whereby Council of Europe Member States can escape their obligations under the ECHR merely by setting up international organisations (and providing them with immunities) for the purpose of conducting activities that would otherwise be illegal within the territories of those Member States.


The following followup rightly points out the political angle/aspect, which we have already commented on in articles like the following:



Dutch authorities must be afraid that if Battistelli is held accountable, then this might somehow scare other international institutions that are grounded on Dutch territories (they can always relocate to Geneva, for instance). Here is the comment:



Given that they will have read the lower court's decision, the Supreme Court clearly was aware of this point. Also, it is hard to believe that SUEPO would not have raised the very same point in their arguments before the Supreme Court. However, the thing that I find hardest to believe is that the Supreme Court would gloss over this point by using one of the most unconvincing excuses I have ever seen.

Never let the legal niceties get in the way of a politically loaded judgment ...


"Reign of Terror" wrote about our articles:



Yes, I would imagine that a case against the Netherlands at the ECtHR would be the most obvious next step... hence the reference to Strasbourg in my earlier comment.

Dream on. As reported on Techrights Battestelli's IU goons are on the prowl in the The Hague. Do you seriously think that anyone will risk taking such a court action under these circumstances?


Some time ago we already said that it's time for SUEPO officials to go fully or partially clandestine. Given the constant attacks by a lunacy-ridden President and abusive high-level management, SUEPO would fully justified in doing so.

The following comment says that if the “President is taking action that is deliberately designed to stop SUEPO," that would be "almost verging on the criminal.”

To quote:



Are you suggesting that Monsieur le President is taking action that is deliberately designed to stop SUEPO (or intimidate SUEPO against) initiating new legal actions? If so, then that is a very serious allegation indeed.

Taking advantage of overly-broad privileges and immunities granted to you is one thing. Going beyond that, by taking action specifically designed to deny individuals (or a union) access to justice in respect of rights enshrined in the ECHR would be something quite different... almost verging on the criminal.


Here is the reply:



Are you suggesting that Monsieur le President is taking action that is deliberately designed to stop SUEPO (or intimidate SUEPO against) initiating new legal actions? If so, then that is a very serious allegation indeed.

Yes that is exactly what I am suggesting.

Taking advantage of overly-broad privileges and immunities granted to you is one thing. Going beyond that, by taking action specifically designed to deny individuals (or a union) access to justice in respect of rights enshrined in the ECHR would be something quite different... almost verging on the criminal.

And what are you going to do about it? Call the cops ?


At the EPO, another person wrote, "[t]o extrapolate to campaigns of terrorising is a large step." Well, how so? It has exactly that effect. Staff officials (representatives) are afraid of management, instead of management being afraid of staff officials. They got it all backwards. To quote:



Indeed there is hyperbole and there is Hyperbole! I'm not sure what the IU rumours are but I've not heard anything untoward recently. Of course, investigations are by mgt decree secret and to reveal is to offend but there is one generally known case currently which does not appear to be controversial from what has leaked out. To extrapolate to campaigns of terrorising is a large step. The real problems should not be diluted by a misguided (or perhaps worried) reaction.


"SUEPO insider" then said...

wrt ECHR: guys let them breathe. They have to held elections in MUC and TH and there is 6 months from the date of the High Court jugement to lodge the complaint there.

Trust them : good things come at the right time


We certainly hope that this will be escalated to ECHR because not only the EPO is at stake but every international institution and Europe's reputation are at stake. This is why we are willing to spent so much time and effort covering the subject.

Recent Techrights' Posts

Red Hat Loves Microsoft Monopoly (and Proprietary Surveillance With Back Doors)
full posting history in RedHat.com
Microsoft-Connected Sites Trying to Shift Attention Away From Microsoft's Megabreach Only Days Before Important If Not Unprecedented Grilling by the US Government?
Why does the mainstream media not entertain the possibility a lot of these talking points are directed out of Redmond?
Windows Has Fallen Below 5% in Iraq, GNU/Linux Surged Beyond 7% Based on statCounter's Stats
Must be something going on!
Read "Google Is Not What It Seems" by Julian Assange
In this extract from his new book When Google Met Wikileaks, WikiLeaks' publisher Julian Assange describes the special relationship between Google, Hillary Clinton and the State Department -- and what that means for the future of the internet
Julian Assange: Factual Timeline From an Online Friend
a friend's account
Breaking News: Assange Wins Right to Challenge Extradition to the US
This is great news, but maybe the full legal text will reveal some caveat
Brittany Day, Plagiarist in Chief (Chatbot Slinger)
3 articles in the front page of LXer.com right now are chatbot spew
Guardian Digital, Inc (linuxsecurity.com) Has Resorted to Plagiarism by Chatbots, Flooding the World Wide Web With Fake 'Articles' Wrongly Attributed to Brittany Day
busted
 
GNU/Linux Growing Worldwide (the Story So Far!)
Microsoft is unable to stop GNU/Linux
GNU/Linux in Honduras: From 0.28% to 6%
Honduras remains somewhat of a hotspot
Good News From Manchester and London, Plus High Productivity in Techrights
what has happened and what's coming
[Video] The 'Linux' Foundation Cannot be Repaired Anymore (It Sold Out)
We might need to accept that the Linux Foundation lost its way
Links 21/05/2024: Tesla Layoffs and Further Free Speech Perils Online
Links for the day
Gemini Links 21/05/2024: New Gemini Reader and Gemini Games
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Monday, May 20, 2024
IRC logs for Monday, May 20, 2024
[Video] Just Let Julian Assange Go Back to Australia
Assange needs to be freed
Microsoft Windows Used to Have Nearly 100% in China and Now Google Has 50% (With Android)
Will China bring about a faster "fall" for Microsoft?
The WWW declares the end of Google
Reprinted with permission from Cyber|Show
Gemini Links 20/05/2024: CMSs and Lua "Post to midnight.pub" Script Alternative
Links for the day
Brodie Robertson - Never Criticise The Linux Foundation Expenses (With Transcript)
Transcript included
Links 20/05/2024: Protests and Aggression by Beijing
Links for the day
Can an election campaign succeed without social media accounts?
Reprinted with permission from Daniel Pocock
Fact check: relation to Julian Assange, founded Wikileaks at University of Melbourne and Arjen Kamphuis
Reprinted with permission from Daniel Pocock
Gambia: Windows Down to 5% Overall, 50% on Desktops/Laptops
Windows was measured at 94% in 2015
Links 20/05/2024: Microsoft Layoffs and Shutdowns, RTO as Silent Layoffs
Links for the day
The Issue With Junk Traffic in Geminispace (Gemini Protocol)
Some people have openly complained that their capsule was getting hammered by bot
Peter Eckersley, Laura Smyth & the rushed closure of dial-up Internet in Australian universities
Reprinted with permission from Daniel Pocock
[Meme] Bullying the Victims
IBM: crybully of the year 2024
Ian.Community Should be Safer From Trademark Censorship
We wish to discuss this matter very quickly
Microsoft and Its Vicious Attack Dogs (Attacking Women or Wives in Particular)
Sad, pathetic, destructive people
Upcoming Series About the Campaign to 'Disappear' the Father of GNU/Linux
Today we have Julian Assange's fate to focus on
A Month From Now Gemini Protocol Turns 5
June 20
Colombia: From Less Than 0.5% to Nearly 4% for GNU/Linux
it's not limited to this one country
Rumour: Well Overdue Red Hat Layoffs to be Announced in About 3 Days
we know they've planned the layoffs for a while
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Sunday, May 19, 2024
IRC logs for Sunday, May 19, 2024
Gemini Links 20/05/2024: Updated Noto Fontpacks and gemfeed2atom
Links for the day
GNU/Linux in Georgia: Looking Good
Windows down from 99% to less than 33%
Tomorrow is a Historic Day for Press Freedom in the UK
Take note of the Julian Assange case
Hiding in a Forest Without a Phone and Hiding Behind the First Amendment in the United States (US)
some serial defamer is trying to invert the narrative
Links 19/05/2024: Iran's President Lost in Helicopter Crash, WikiLeaks’ Julian Assange Awaits Decisions in Less Than a Day
Links for the day
Links 19/05/2024: Microsoft Investigated in Europe
Links for the day
4 Old Articles About Microsoft/IBM SystemD
old but still relevant
Firefox Has Fallen to 2% in New Zealand
At around 2%, at least in the US (2% or below this threshold), there's no longer an obligation to test sites for any Gecko-based browser
Winning Streak
Free software prevalence
Links 19/05/2024: Conflicts, The Press, and Spotify Lawsuit
Links for the day
GNU/Linux+ChromeOS at Over 7% in New Zealand
It's also the home of several prominent GNU/Linux advocates
libera.chat (Libera Chat) Turns 3 Today
Freenode in the meantime continues to disintegrate
[Teaser] Freenode NDA Expires in a Few Weeks (What Really Happened 3 Years Ago)
get ready
GNU/Linux is Already Mainstream, But Microsoft is Still Trying to Sabotage That With Illegal Activities and Malicious Campaigns of Lies
To help GNU/Linux grow we'll need to tackle tough issues and recognise Microsoft is a vicious obstacle
Slovenia's Adoption of GNU/Linux in 2024
Whatever the factor/s may be, if these figures are true, then it's something to keep an eye on in the future
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Saturday, May 18, 2024
IRC logs for Saturday, May 18, 2024
Links 19/05/2024: Profectus Beta 1.2
Links for the day