Bonum Certa Men Certa

The EPO is Lying to Its Own Staff About ILO and Endless (Over 2 Years) EPO Mistrials

Maintaining convenient illusions using sheer lies and distortion of facts

Claude RouillerSummary: The creative writing skills of some spinners who work for Battistelli would have staff believe that all is fine and dandy at the EPO and ILO is dealing effectively with staff complaints about the EPO (even if several years too late)

ON "ILOAT decisions," as per what the EPO's 'Employment Law' wrote a week ago (Target group: DG4, DG5, President-DG0, DG1, DG2, BoA), there aren't many facts or much information. Lazy(ier) EPO staff might actually believe these 'Employment Law' people, in spite of the Office's history defying labour law and then falling back on "immunity" (after losing high-profile cases). We don't honestly think that ordinary staff is gullible enough to swallow this spin from 'Employment Law'. It's just an echo chamber ("DG4, DG5, President-DG0, DG1, DG2..."), telling one another what they want to hear and might actually believe. The statements can later be (re)used for lobbying purposes.



"Lazy(ier) EPO staff might actually believe these 'Employment Law' people, in spite of the Office's history defying labour law and then falling back on "immunity" (after losing high-profile cases)."We wrote many articles on the subject and thought a rebuttal would be in order. "That's how the ILOAT decisions were presented to the EPO staff," a source told us, giving us the complete text for independent assessment.

Shall we start? In quotes, in the remainder of this article, are the EPO's own words.

"ILO is not at all effective at dealing with EPO complaints. The ILO has repeatedly complained that it's unable to cope with the load. It always blames the EPO.""Report on the 123rd session of the ILOAT At its 123rd session, the Administrative Tribunal of the International Labour Organization (the Tribunal) delivered 97 judgments involving 21 Organisations. In total the Tribunal dismissed the complaints in 60 judgments and granted them, partly or in full, in 37 judgments."

Notice the artistic pretense here (intended to disguise gross imbalance): 21 organisations. Among nearly 100, of which EPO is just one. About half of all the complainants are coming from the EPO. Mind this crucial omission. Does that not merit a mention? The above offers no breakdown of which organisations actually had judgments delivered. It is widely recognised as a fact that the ILO typically returns the complaints to complainants or to the Office (in other words, doing nothing at all, sometimes citing inadmissibility). ILO is not at all effective at dealing with EPO complaints. The ILO has repeatedly complained that it's unable to cope with the load. It always blames the EPO.

"The EPO just implemented a workaround to more or less dodge compliance.""The judgments have been exceptionally delivered in two steps with 4 judgments on 30 November 2016," the EPO said. We'll get to that, as we have repeatedly covered these judgments last year.

"The EPO took specific measures to address the orders contained in the two judgments delivered in November 2016."

The EPO just implemented a workaround to more or less dodge compliance. We wrote about that. It's a total disgrace.

The EPO says: "These judgments concerned the composition of the Appeals Committee (No. 3785) and the competent authority to hear a request for review (No. 3796)."

This has not been addressed.

"Nice selective quoting right there."Now watch Team Battistelli leaping to exploit "immunity!" by stating: "The judgment delivered by the Dutch Supreme Court on 20 January 2017 whereby the Court upheld the legal protection available to staff of the EPO through the internal..."

What on Earth does it have to do with that? The judges there clearly did not understand, as per the ILO's own statements, that ILO was incapable of dealing with the EPO's 'scatterback' of complaints.

"As for the EPO," says the EPO, "33 judgments were delivered in total, with 2 judgments on 30 November 2016 and 31 on 8 February 2017. In his introductory statement of the public delivery on 8 February 2017, the President of the Tribunal noted with satisfaction that: safeguarding the role of the Tribunal in the legal protection of staff of international organisations."

"Notice terms like "high success rate". It's utterly offensive to the victims of Team Battistelli."Nice selective quoting right there.

"Out of the 33 judgments involving EPO, the following figures are worth highlighting. 25 judgments confirmed in full the position of the Office. This is a high success rate in absolute (i.e. when compared to the EPO's own figures) as well as relative terms (i.e. when the EPO is compared to other international organisations)."

Notice terms like "high success rate". It's utterly offensive to the victims of Team Battistelli.

"3 judgments in which the substance of the challenged decisions was not at stake but where, due to the length of the procedures, moral damages have been awarded to the complainants (Nos. 3782 and 3795 for the duration of the internal appeals procedure and No. 3792 for a medical issue)."

How much was that damage (compensation)? They don't want to say. It's so meager that it's typically offensive; it doesn't even cover the lawyers' bills.

"...Team Battistelli will brush these under the carpet.""2 cases were lost on the substance (No. 3781 regarding school fees - Article 120a ServRegs - and No. 3788 regarding the computation of reckonable experience)."

Yes, just 2.

"3 judgments referring cases back to the EPO for resuming the internal procedures, without any comment on the substance of the challenged decisions. The decisions concerned relate to the right to strike and the New Career system (Nos. 3786 and 3796)."

In other words, Team Battistelli will brush these under the carpet.

"On the substance the following needs to be highlighted. In judgments Nos. 3786 and 3796 the Tribunal confirmed its case law (No. 3700, consideration 7) concerning the competent authority to hear a request for review or an appeal. Hence the Tribunal interpreted the applicable provisions (Articles 107(2), 109(2), 109(4) and (110(1) ServRegs) as follows.

"For employees appointed by the President, all requests for review must be lodged with, and decided by, the President; For employees appointed by the Council: requests for review against individual decisions concerning them and taken by the Council must be lodged with, and decided by, the Council, whereas requests for review against individual decisions concerning them and taken by the President must be lodged with, and decided by, the President.

"Furthermore, the Tribunal conveyed the following messages to the stakeholders. Defendant organisations need to handle staff requests and internal appeals diligently (judgments Nos. 3782, 3795 and 3792). Thus the Tribunal confirms its case law that dealings between an organisation and its staff should comply with the duty of care and due diligence.

"The overall message from the EPO: don't complain about the EPO.""Complainants should pay attention to the following messages. Care needs to be taken to identify the right decision to be challenged and to exhaust all internal means of redress before filing a complaint (judgments Nos. 3779, 3780, 3791, 3811).

"If a given situation has already been settled through previous judgments further cases raising the same topic will therefore be rejected on the same grounds (judgments Nos. 3786, 3789, 3806, 3810)."

More creative nitpicking:

"Several cases were found to be clearly devoid of merits as they raised "entirely unsubstantiated allegations [of harassment] and amount[ed] to mere assertions" (judgment No. 3806, consideration 6) and a further complaint was considered as being "no more than a collateral attack on judgment 3426" (judgment No. 3807, consideration 4) or "speculative assertions" (judgment No. 3808, consideration 5).

"Contact Claude Rouiller (ILOAT) at claude.rouiller@hispeed.ch to tell what the EPO thinks of his Tribunal.""To conclude, the Tribunal stressed again the respective responsibilities of the stakeholders for the functioning of the legal protection of staff through a system of internal and external means of redress. It is of paramount importance for all stakeholders to preserve it by using it in line with the above."

The overall message from the EPO: don't complain about the EPO. The ILO is too weak and understaffed to handle these complaints and we'll waste EPO budget on lawyers who will exhaust them to the point of inaction.

Of course, anyone who read the above message might have been led to the belief that all is "greener pastures" at EPO and Battistelli is just a victim of meritless complaint. Contact Claude Rouiller (ILOAT) at claude.rouiller@hispeed.ch to tell what the EPO thinks of his Tribunal. It's disgraceful. He ought to know about this.

Recent Techrights' Posts

Links 28/03/2026: Microsoft's LinkedIn a National Security Risk, Microsoft's Slop "Ambitions Face Investor Scrutiny Amid Soaring Costs"
Links for the day
SLAPP Censorship - Part 26 Out of 200: Asking for Documents and Information You Already Have, Even Letters and E-mails That You Yourself Sent!
barristers are expensive
 
Open Web Destroyed by Centibillionaires, Says Anil Dash of Blogging Fame
Blogging was going through its 'prime years' about 20 years ago
"Linux" Slop Going Away, Microsoft et al Pay 'Linux' Foundation to Promote Slop
It's a timely reminder that the Linux Foundation exists to promote whoever pays the Linux Foundation, even pedophiles and companies that attack the GPL
Gemini Links 28/03/2026: "Finding My Base Tone", "Astrobotany", and BugoutBack/OFFLFIRSOCH
Links for the day
Links 28/03/2026: More Worldwide Bans on Social Control Media (Harms to Adolescents), Protests in US Against Dictatorship
Links for the day
Gemini Links 28/03/2026: Echo Delay and 0x0.st
Links for the day
Rumours of More IBM Mass Layoffs at Beginning of April
IBM is not doing well
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Friday, March 27, 2026
IRC logs for Friday, March 27, 2026
"Headcount" as Distraction From Mass Layoffs and Salary Reductions
Things aren't looking well when one considers revenue is acquired, not earned
"Linux" Slop Turning Rarer, New York Times Nowadays Contaminated With LLM Slop
Another day has passed without much slop about "linux"
Links 27/03/2026: Studying Whale Births, Apple is Cancelling Products, Cambodia Arrests Journalists Over Photographs
Links for the day
Gemini Links 27/03/2026: GTD, Gopher Catchup, Gemini Crawlers, and "Slop Everywhere"
Links for the day
Mozilla Was Ruined Like Sirius Open Source Was Ruined - From the Top Down
Mozilla will never return to its Free software roots
Nokia Could Never Recover From Microsoft
It's very important to remember what really happened
Why Techrights and Many Other Sites Stopped Doing April Fools’ Day Articles
Well before slop (made by LLMs) it was "bad optics" to have satire or humour in a site, irrespective of the day of the year
President Not-Cocaine Campinos Notified of Historic EPO Strikes (Thousands of Workers Not Coming Back to the Office)
Please do pay attention to how the media treats these strikes in Europe's second-largest institution
Slides From the Presentation Discussing EPO Strikes Until End of June or Until End of 2026 (Maybe Next Year Too)
More to come soon (later today)
IBM Cuts Are Everywhere (Global), the Aim is to Lower the Pay
Because the revenues keep falling (IBM buys other companies' revenues using borrowed money)
Perpetual Strikes to Begin at European Patent Office (EPO), Large Majority Votes for Strikes Any Day of the Week
Approved industrial actions [...] Notice how none of the media or even so-called 'IP' blogs write about it
Mozilla is Not a Privacy Company, Mozilla is Run by GAFAM Executives and Managers Who Came From American Surveillance Companies
Would you trust a VPN they claim to be "free"?
SLAPP Censorship - Part 25 Out of 200: That Time Matthew J. Garrett Got Temporarily Banned/Suspended From Twitter
That he gets banned from large social control media platform is hardly surprising given his combative communications
Ubuntu Started as Free With ShipIt, Now It Becomes Payware That Exploits Debian Volunteers (Slaves)
"Ubuntu" the distro now replaces the GNU components inherited from Debian with a bunch of Microsoft GitHub (proprietary) things that reject reciprocal licences
Last Night The Register MS Published a Fake Article. It Mentioned "AI" 27 Times.
Paid-for nonsense! [...] What's left of once-respectable news sites actively harms society
Links 27/03/2026: Google Executive (GAFAM, US, Surveillance) "Named the New BBC Head", Prominent Climate Scientist Resigns From NASA
Links for the day
Gemini Links 27/03/2026: "Being Busy" and "Posting Again"
Links for the day
GNOME Has No "Real" Executive Director, Only an IBM (Perma)'Interim' One With No Openings in Sight
GNOME is having financial problems
Microsoft Experiencing "Leadership Exodus"
Microsoft's current position is no better than Meta's (Facebook)
GNU/Linux Distros Should Reject "Age Verification" and Uphold Software Freedom for Users
It's not about protecting children
Slop Plunge
we can already "smell the blood" of the so-called 'AI industry'
IBM Media Puff Pieces While Layoffs Go On and On
Has the PR industry absorbed the press?
Media Says Microsoft Hiring Freezes, But There Are Already Microsoft Layoffs
They want the public to talk about Microsoft as if it's just not hiring when it is actually firing
Richard Stallman lynchings: Sruthi Chandran splitting Debian
Reprinted with permission from Daniel Pocock
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Thursday, March 26, 2026
IRC logs for Thursday, March 26, 2026
Links 26/03/2026: Tor Relay at National Taiwan Normal University, Copyright Hammers Fall
Links for the day
Gemini Links 26/03/2026: "The War of the Worlds" and "sometimes science is just the dumbest thing"
Links for the day
The World Wide Bots
The shape of the Web is so bad that bots exceed humans in some places
Links 26/03/2026: Solicitors Regulation Authority (SRA) Closes 101 Law Firms in 2 Years, "Please Compensate the Work You Appreciate"
Links for the day
Regaining Software Freedom Means Regaining Control Over Programs That Run on Our Devices
Richard Stallman will speak in Italy
Microsoft Secure Boot Removes Users' Choice
Has Greenland banned Microsoft and 'secure' boot yet?
IBM Pushes Workers Out, It Does Not Count Them as "Layoffs"
The number of IBM layoffs can be as large as tens of thousands per year
Hard to Find a Job After Working for Microsoft (Back Doors Giant, Bribery Hub)
It generally looks like people who chose to serve Microsoft's agenda don't end up too well
Microsoft Lost 31% Of Its Alleged "Value" in Five Months, Then It Got Downgraded
In 2026 Microsoft focuses on keeping the layoffs silent
Altering Perceived Reality to Make It Seem Like Microsoft is Thriving, Not Failing
pretend XBox did not die
SLAPP Censorship - Part 24 Out of 200: The Failed Effort by Brett Wilson LLP to Strike Out My Lawsuit and My Wife's Lawsuit Against Garrett (the Master Allowed Our Lawsuits to Proceed)
This is lawfare
Official New Figures Show That Solicitors Regulation Authority (SRA) Sees Rise in Dishonesty Among Law Firms Forcibly Shut Down ('Euthanised' Due to Misconduct)
It's rather if in our little country as many as 16 law firms were found to be so dishonest that they needed to be shut down
Back to Normalcy
In our datacentre at least
IBM is "Increasing Its Temporary and Part-time Headcount" While Net Headcount Falls (Despite Buying Many Companies and Their Workforce)
Headcount is a rather superficial yardstick.
Confluent Insiders: IBM Laid Off Over 800 at Confluent, Not Just 800
For the record, the layoffs at Confluent won't be over. After the bluewashing there will be "IBM RAs" impacting Confluent folks, aside from PIPs
EPO Union Decides to Continue Industrial Actions, Next Strike in Four Days
The latest strike had the highest participation rate
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Wednesday, March 25, 2026
IRC logs for Wednesday, March 25, 2026
Microsoft's "Silent Layoffs" in Slop Clothing
"AI-powered transformation" is just a euphemism for mass layoffs
Where and How to Spot LLM Slop
Many people correctly perceive LLMs as a site's downfall, a step towards the abyss
Public Talk by Richard Stallman in Half a Day "at the Engineering and Architecture Campus of Cesena of the University of Bologna"
He'll probably attract a fairly large crowd
Gemini Links 26/03/2026: Buying a House, Stargazing, OFFLFIRSOCH 2026
Links for the day