Bonum Certa Men Certa

Claude Rouiller (ILOAT) and ILO Rulings Effectively Disregarded by the European Patent Office

Like anyone seriously thought that Battistelli would obey the law, for a change...

Claude RouillerSummary: The compositions of kangaroo courts at the EPO continue to be absurd, in spite of a ruling from the International Labour Organisation (ILO), which insisted that change must be made following a lot of mistrials

EARLIER THIS year we heard about escalations in Battistelli's attack on staff, emboldened by a Dutch court's decision to maintain Battistelli's immunity. In December the International Labour Organisation ruled that for a couple of years Battistelli's EPO had not offered justice to workers] (a hundred if not several hundreds people are affected by this gross injustice).



Of high relevance to this is the following statement from the written determination:

ILO composition of EPO trials



This morning, EPO workers (i.e. colleagues) had disseminated among them information about what had been happening behind the scenes (quiet before the storm?). In a nutshell, Battistelli's 'herculean' actions continue to rattle or threaten staff representatives and thus provide less incentive to keep one's place there (or even join). These aren't mere deterrence tactics but union-busting tactics. Anyone can see that.

"In Judgement 3785," said an insider, "ILOAT declared the composition of the internal Appeals Committee (ApC) illegal for the years 2014 (partly), 2015 and 2016. With CA/D 18/16, the Office and the Administrative Council reacted and revised Article 36(2) of the Service Regulations in December 2016. Staff representation considers that this proposal is flawed as not responding to the requirement of the ILOAT regarding the balance representation of parties [excerpt of the Judgment can be seen above]. The CSC counterproposal to the B28 remains uncommented so far."

So the more things 'change', the more they stay the same. The person who leaked this to us remarked: "I would suggest that a copy should also be sent to Mr Rouiller, President of the ILOAT [and Former President of the Federal Tribunal (Supreme Court of the Swiss Confederation)] who poignantly declared his satisfaction as the EPO is implementing "some" of the rulings issued by the Tribunal. Sounds like Mr. Rouiller spoke too early. A corrective disapproval would be welcome."

It turns out, based on letters which are circulating these days, that ILOAT should escalate its actions (not that it has much authority or power over the EPO, as long as immunity remains and Battistelli prevails).

"The nominations made by the CSC in December," wrote the insider, "were turned down by the President who called in January the 25th on individual elected Staff Representatives to volunteer for the ApC, in accordance with new Article 36(2)(a) ServRegs, last sentence, first alternative. Besides one staff representative, none of the elected Staff Representatives Office-wide responded positively to the call (see exemplary letter below)."

Here is one such letter from one week ago:

Hague justice



Hague justice



"It seems that the President decided to selectively apply its own rules and proceeded on 13 February 2017," said the insider, "with the drawing of lots (new Article 36(2)(a), last sentence, second alternative) only to complement the three further members of the ApC. And the “winners” are…:

1) ⬆⬆⬆ ⬆⬆⬆ (⬆⬆⬆ ⬆⬆⬆) 2) ⬆⬆⬆ ⬆⬆⬆ (⬆⬆⬆ ⬆⬆⬆) 3) ⬆⬆⬆ ⬆⬆⬆ (⬆⬆⬆ ⬆⬆⬆)

"The Administration was not in a position to indicate who would be a full member and who would be alternate [so folks] are awaiting a decision of the President of the Office about the new complete composition. The mandate of the members will end on 30 June 2017.

"In fine, the ApC is now composed with €· one volunteer* appointed “ex officio”, who was previously member of the declared illegally composed ApC; €· one Staff Representative, who is the complainant of the ILO Appeal which clarified the illegal composition of the ApC; €· and two SRs [staff representatives] with who sent beforehand a letter to the President explaining the reasons why they were not eligible for the job and the drawing of lots.

"It is hard to see how a flawed rule, applied “flexibly” by the captain of the ship, with more than questionable results does serve the interest of Staff and the Office in an adequate and balanced manner?

"Without being a lawyer, under these conditions the quote from the CH [Swiss] delegation in the AC [Administrative Council] takes a particularly acute meaning: “There is a great risk, that we will see ourselves in a short while in the same situation as today”. Just with a more complicated legal situation.

This issue has already been raised (2 days ago) in Munich:

Central Staff Committee Members Munich

Munich 13 February 2017

Dear Mr. President,

We refer to your letter of 26 January 2017, in which you asked all staff committee members to volunteer for a function in the Appeals Committee. We further refer to the email of 10 February inviting all CSC and LSC members to attend a drawing of lots today.

Already when you called for volunteers in December 2014, the CSC sent you a letter explaining why it could not nominate. There were also no volunteer from among the CSC. The same reasons remain valid today. Accordingly, you will have noticed that we did not volunteer this time, either.

At this stage, we would like to notify you that we will not be available for being included in the pool for the drawing of lots. We specifically request that you do not include us in the pool of eligible staff members within the meaning of Article 36(2)(a) ServRegs.

In addition, we wish to draw your attention to the following facts:

1. We stood for election in the Central Staff Committee in 2014. We had no intention to be members of the Appeals Committee, nor was there any such obligation then in the Service Regulations. We have a legitimate expectation to be left to carry out our duties as staff representatives, without being saddled with additional burdens we have never considered taking on.

2. In a meeting with PD43, PD53 and Director 5.3.2. on 8 December 2016, we apparently came to a common understanding about the staff members which would be eligible for sitting in the Appeals Committee, e.g. excluding so-called “repetitive” appellants or members of the Boards of Appeal. The outcome of these discussions as well as our repeated requests to broaden the pool of eligible staff members available for appointment by the CSC were ignored later, most notably in the GCC meeting on 12 December 2016 when you submitted the proposal to amend Article 36 ServRegs.

3. As members of the Central Staff Committee in the biggest place of employment, we are not only dealing with all the central issues which fall under the competence of the CSC, but we are also directly or indirectly advising individual staff members about their rights, and in some cases act as counsels in internal appeals. This role was and is an integral part of our duties as staff representatives. There would be a direct and fatal conflict of interest if we were also to sit in the Appeals Committee. (Please refer to the statement of VP4 and VP5 of 30.09.2014 and to your Communiqué 61.)

4. If you were to coerce us into participating in the Appeals Committee, we would not be able to act impartially as staff representatives. If you were to oblige us to resign from the staff representation to avoid that quandary, you would be violating the principle of freedom of association.

5. Within the framework of the Working Group on resources for the Staff Committees, a specific budget for external expertise was requested - including lawyers to advise staff. We did so promptly upon taking up our tasks as elected staff representatives, as we realised that we could not cope effectively with all the workload involved in advising staff. PD43 has refused to make such budget and technical means available to us until today. Therefore, the Office itself bears a fundamental responsibility in creating the situation in which we cannot sit in the Appeals Committee.

6. At this point in time, there are even more severe problems of capacity for the remaining members of the CSC in Munich than in the previous years. Contrary to your assurances in CA/4/14 and in Communiqué 48 that the time budget for the staff representation would not be reduced with the introduction of “Social Democracy”, the figures show a massive decline. Moreover, the Office has imposed more and more constraints and hurdles in 2016, making our job exceedingly difficult – particularly for those exonerated from examiner duties only to 50%. It is simply physically impossible to take on (additional) demanding projects like the Appeals Committee. SUEPO members or officials amongst us have been particularly targeted.

Putting us in an impossible bind is not in the best interest of staff, the Office and of its reputation. It is also inadvisable to proceed in any way that could cause the Tribunal to condemn the EPO as it did in judgments 3694 and 3751. We trust that, upon careful reflection, you will not go down this road. We firmly believe that there are other ways to solve the issue, all within the current legal framework. We draw your attention to the letter sent by the CSC on 7 February 2017 (sc17016) which entails proposals which would immediately resolve the deadlock of the Appeals Committee.

From our side, we can only reassure staff, the President, and the Administrative Council that we will not act contrary to well-established legal principles and our ethical principles. We will not bring ourselves into any conflict of interest situation that will harm staff members, produce further undue workloads, and harm the sense of justice in our Office.

Sincerely,

The undersigned CSC members in Munich.



And on the same day at The Hague (we haven't had time to transcribe):

Hague volunteers



Hague volunteers



Justice cannot ever happen in darkness or in secret (secrecy betrays trust and breeds suspicion), so Techrights believes that the above should be publicised, excepting names. We urge our readers to contact Claude Rouiller (from Switzerland, so English, German and French should be fine) immediately and tell him that Battistelli takes him for a fool. According to this page, his E-mail address may still be claude.rouiller@hispeed.ch. This is the kind of thing that Dutch authorities must become aware of, otherwise the Netherlands will become renowned not for international justice (e.g. ICC) but for the very opposite. It has already become quite a farce which we wrote nearly a dozen articles about. Among them:

  1. Battistelli is an Autocrat Above the Law and It's OK, Holland's High Council Says
  2. EPO Abuses Now Make the Netherlands Look Like a Facilitator of Human/Labour Rights Abuses
  3. Media Blasts EPO Over Immunity Amid Suicides, Battistelli's Behaviour Compared to Dominique Strauss-Kahn's
  4. Leaked: Team Battistelli, Exploiting a Controversial Decision From the Netherlands, is Trying to Squash SUEPO
  5. The EPO's Freedom to Disregard the Law and Abuse Employees is “Being Taken up by the Council of Europe”
  6. The Netherlands With Its Bizarre Decision to Let the EPO Violate Dutch Law, Now in English
  7. “Team Battistelli Continues With Intimidation Tactics”
  8. The European Patent Office Officially Dishonours Justice, So It's Time for SUEPO to Become Clandestine
  9. Culture of Terror at The European Patent Office Escalates Thanks to Dutch Government's Complicity


Remember that the basis for the High Court's decision to let the EPO off the hook is the supposed supervision -- in the legal sense -- by ILO, which obviously continues to not safeguard staff's rights (too many referrals back to the kangaroo court) as Battistelli virtually snubs the ILOAT. This is part of an ongoing and never-ending pattern. The EPO views itself as above the law and it acts accordingly.

Help put an end to the "Mafia" that the EPO has become. Many people's lives -- not just economic welfare -- may be at stake.

Recent Techrights' Posts

Journalists Should be Ashamed for Parroting False Claims From IBM Management About "Quantum Computing", Say IBM Insiders Who Work on "Quantum Computing"
IBM is a buzzwords vendor. International Buzzwords Machines.
Exposing Corruption Using a Highly Resilient Platform
Growing levels of trust, based on our track record, help us attract whistleblowers
FOMO (Fear Of Missing Out) Has Weakened If Not Ruined What's Left of Big Media
Many things that have existed for decades are now being rebranded as "AI"
SLAPP Censorship - Part 97 Out of 200: Garrett in Hiding (From the Simple Observable Fact He's Closely Connected to the Microsofter Who Strangles Women, Tells Women to Kill Themselves, and Worse)
They use one another; they are coordinating this via the SLAPP industry in another continent
Rust Outsources its Financing (or Financial Control) to Microsoft
How long before the third "E"?
IBM's Shares Fell Nearly 13% in One Day (Including After Hours)
its main product is false promises
European Patent Office (EPO) Series: "Operation Influencer"
Costa's political career was far from finished
 
Links 04/06/2026: Self-hosting Remotely and GemText Emphasis
Links for the day
Links 04/06/2026: Ukraine’s Daily Moment of Silence and Uber Lays off 23% of HR
Links for the day
SLAPP Censorship - Part 98 Out of 200: Microsoft Threatening Real Security Researcher With Criminal Investigation for Talking About Microsoft's Bug Doors/Back Doors
The crime should be the back doors (deliberate attack on every user's data protection), not talking about those back doors
Microsoft Would Get Away Even With Pedophilia
"Microsoft should never be above the law"
Free Software is Nourishment to Software Users, Unlike Proprietary Software
Quit treating "mere users" of software "like animals"
The "Peanut Gallery" of GAFAM Has Infiltrated Free Software Projects or Disrupts Free Software Communities
They contribute nearly nothing and do substantial damage; they're freeloaders who attack the most productive members of projects
Coding is Not a Quantity Game (It Never Was!)
"less is more"
Mass Layoffs Expected at Microsoft in July 2026
They're preparing more "lists" of people
Reflection on EPO Leadership That Harbours Cocaine, IBM Leadership That Pumps-and-Dumps the Shares, and More
ManCity replaced Manuel Pellegrini with a more famous manager it didn't envision winning 20 titles in 10 years (it could only hope) [...] Team-building is something that "Pep" seemed to be good at, as was Jürgen Klopp
Pump and Dump by IBM Insider Traders: Nickle LaMoreaux, Gary Cohn, James Kavanaugh, Arvind Krishna, Robert Thomas, and Others
the shares are already collapsing
Links 04/06/2026: Microsoft Threatening Security Researcher for Naming Back Doors in BitLocker, "Demand is Booming for" Old Tech
Links for the day
Gemini Links 04/06/2026: "Word Vomit", Slop", and Moving to Gopher/Gemini
Links for the day
"Format Sovereignty" Can Only be Accomplished With LaTeX or OpenDocument Format (ODF) or Vendor-Neutral Standards for Editable Documents
Microsoft is, in effect, above the law
The Cyber Show on the Importance of Software Freedom and Why GNU/Linux Could Not be Stopped
an excellent article
Drew DeVault Can Still Redeem His Reputation. Revisiting His Attacks (and Attack Site) on Richard Stallman Might be a Good Start.
DeVault has openly apologised (this past spring)
The Register MS is Publishing Paid SPAM; Some of It is Designed to Prop Up the "AI" Pyramid Scheme
The Register MS participates in scams
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Wednesday, June 03, 2026
IRC logs for Wednesday, June 03, 2026
GNU/Linux Usage Rising Among Gamers, But "Hardware Survey Data Not Available."
Not anymore, not for now anyway
Jumping Up and Down on the Shoulders of Giants, Never Talking About What Bill Gates Did
We're back to 2019
Despite LLM Slop or Chatbots, Our Traffic Has Doubled Since We Moved Everything to the UK (in 2023)
The demise of news sites was not what we thought it would be
Software Developers Attacked by Plagiarism Engines Because These Developers Can Teach People How to Exercise Control, Not Outsource to Monopolies of Slop and Back Doors
"Universities should be telling industry what is to be done next, not the other way about. Present education policy has the tail wagging the dog."
Quantum Quantum Quantum Quantum (Pump, Then Dump)
What has IBM become?
Communicating With Freedom - Part I - Developing “Quibble” and Improving GNU LibreJS in the Process
In the next part we shall examine where things currently stand
Quantum Computers Are "All the Rage" (35 Years Ago, What IBM Promises This Year is What People Promised When the CEO Was in His 20s)
"Quantum" hype is high on the agenda
How IBM Removes 15% of Its Staff Without Even Checking Performance of Staff (or Calling That "Layoffs")
Performance Improvement Plan (PIP) as veiled RAs
Links 03/06/2026: Mobile Systems, Openwashing, and New Antenna
Links for the day
Canonical as Reseller of Back Doors in "Ubuntu" Clothing
Microsoft is the antithesis of security and autonomy
Romania Used to be Windows Stronghold, But That's No Longer the Case
Windows was once upon a time so ubiquitous that institutions didn't bother supporting anything except it
KDE Has Long Used Dragons, and Dragons Come From Hatched Eggs
That Microsoft Lunduke tries to paint this as some "trans agenda" thing says a lot about Microsoft Lunduke and his COVID-19-damaged brain
IBM Announces 5 Billion Dollars "Invested" in "AI", in "Security", and 10 Billion Dollars for "Quantum", But IBM Does Not Have This Kind of Money (It's Fake News to Manipulate the Share Price)
IBM has fast-growing debt and liabilities, it does not intend to invest this kind of money, it's a smokescreen and false promises timed to alleviate the sagging share price (52-week low)
When Science and Religion Are on the Same Side, United Against Slop Pushers
The "Mathematics Pope" (sometimes known as "Pope Pi") brought together science and religion, united against technofascists who are mostly college drop-outs who abhor women
Links 03/06/2026: "In Turkey, Criticizing a Corporation Can Land You in Jail" and "Court Bans X Account of Turkey's Oldest Newspaper"
Links for the day
Web Censorship Benefits the Corrupt and the Criminal
More so when corrupt politicians are in charge
Have a "Lifetime" Without Microsoft
The online rage over this is still ongoing
Internet Archive’s Wayback Machine Undoing Censorship of Corporate Wrongdoing
That won't go away anymore
"For Entertainment Purposes Only" But Everyone Must Adopt It for Work and Governance, Say Anti-Scientific Technocrats
"The present mentality around "AI" is like driving to the gym to use a treadmill - it's walking for people who hate fresh air and beautiful changing scenery."
Gemini Links 03/06/2026: Ian Murdock's Ex-wife Footprint in Debian and Alhena 5.6.1 Released
Links for the day
Irish Company statCounter Recognises It Overestimated Microsoft Windows' Market Share in Ireland
it seems like the Irish people are gradually moving away from Windows
Corporate Media Participates in the Lie That Mass Layoffs at GitLab and Loss of Geographic Footprint in More Than a Third of Countries is "AI" and Thus "Success Story"
There's no way to spin this as positive news
Slop Prompting is Not a Coding Skill and Slop Deserves Shunning
Red Hat is hypocritically shunning the very same thing it keeps promoting
IBM colleagues "handed out a PIP and then right after the end date they are gone"
Some go into early 'retirement' to save face
SLAPP Censorship - Part 96 Out of 200: When You Receive Death Threats From Anonymous Sockpuppets/Burner Accounts Connected to People Who Strangle Women and Tell Women to Kill Themselves
Women are not objects and my wife ought not be mentioned in "threats to kill" (how cops have described this)
European Patent Office (EPO) Series: A Tale of Two Antónios - Introducing the Other António
António Costa
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Tuesday, June 02, 2026
IRC logs for Tuesday, June 02, 2026
Advertisements as Articles in The Register MS
Trust in media
Social Control Media Does Not Improve Reach, It Wastes a Lot of Time
many people still think that no presence in Social Control Media necessarily means invisibility
Links 02/06/2026: New York Times Debunks "Hey Hi (AI) Layoffs" (Excuse, False Narrative), Sheinbaum Publicly Bemoans US Meddling
Links for the day
Despite Mass Layoffs and Culls Dubbed "Buyouts" Google's Debt Doubled in a Year and It's Desperate for Money (to Pay Salaries and Bills)
Google and GAFAM in general have mass layoffs because they have no clear route towards profitability
Gemini Links 02/06/2026: Arch Linux WriterDeck and Papyrix Reader
Links for the day
Bloggers Still Have Considerable Impact on This Planet
Nowadays, in academia almost anywhere in the world, there's growing expectation that lecturers will spend not much of the time doing research or even teaching
The Firing Line Against Techrights
Tomorrow we'll tell a story about campaigns to intimidate us with death threats
The Cyber Show on the Fight Against Technofascism
It's very long (all combined), but nevertheless refreshing
What Efforts to Cancel Richard Stallman Ought to Teach Us About the Media, Including Very Large British Publishers
Richard Stallman is like a modern-age Alfred Dreyfus
After Threats to Greenland Northern Europe Seems to be Moving Away From Microsoft Windows Even Faster
The facts on the ground are, more people/businesses/institutions "get the message"
Claim of 500+ IBM Red Hat Layoffs With Termination Next Month
IBM is doing great... at hiding internal affairs
Slop Did Not Rewire Democracy, It's a Giant Flop
we already see slop giants accepting they'll never make money
The Register MS Embeds in Articles "SPONSORED LINKS" That Link to "AI" Ponzi Scheme/Scam
The circular financing giants are allocating budget for the spam, as do the banks (lenders)
Many Countries Divest From Microsoft
new numbers at statCounter today
European Patent Office (EPO) Series: A Tale of Two Antónios - On the Campaign Trail in Brussels
Part 1
SEO is an Acronym That Stands for Slop Engine Orientation
The Web changed a lot when Web directories, portals, and then social control media gained popularity
IRC Network OFTC is Shedding Off Servers
Down to 17
Julian Assange's Counsel Jennifer Robinson Has Just Won an Award
Jennifer Robinson is relatively young
Schweizerische Bundesbahnen (Swiss Federal Railways) and Richard Stallman
It seems like RMS is receiving endorsement or at least belated recognition from very high-profile institutions
Almost 30 Years After Rob Malda Made Slashdot It Still Inspires New Implementations
Maybe the issue isn't Slash per se, just the complexity of it (which SoylentNews complained about in the past)
Links 02/06/2026: "The Infosec Phrasebook", 'Perfect Randomness' and "Leaving the Tech World Professionally"
Links for the day
Faking Demand for Slop: Google's Search Prompt Becomes Slop Prompt (Bait, Switch, Fake Usage)
If there is no consent, then it's unsustainable
When You Give People (or Companies) Money to Buy Your Own Products and Then Call It "Revenue"
A lot of modern "economics" don't benefit ordinary people (all they get is high inflation rates); they're devaluing money by faking economic activity
IBM is Self-Detonating, the Cheeto-Infused Rally is Another Con by Don
pump and dump
"Quantum" as the "Next Big" Bubble
disappointing and delivering nothing
Links 02/06/2026: "$1.5 Trillion Defense Budget Benefits Billionaire Cheeto Mussolini Supporters", US "Plans to Criminalize Sleeping Outside"
Links for the day
Gemini Links 02/06/2026: Organising Oneself and Killing Off Distracting "Notifications"
Links for the day
SLAPP Censorship - Part 95 Out of 200: The Growing Risk of Tolerating Men Who Abuse and Physically Assault Women
FOSS should not be a "safe harbour" or "hideout" for criminals
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Monday, June 01, 2026
IRC logs for Monday, June 01, 2026