Bonum Certa Men Certa

The Systematic Erosion of Workers' Rights and Holidays at the EPO Goes Years Back

And Christoph Ernst ought to restore and recognise Reformation Day 2017 at the EPO

EPO letter regarding holidays



Summary: The legitimacy of the staff's concerns at the EPO, having seen basic labour safeguards being shredded to pieces by Battistelli for a number of years (predating even the escalation of the conflict)

THE legacy of Battistelli as President of the EPO isn't just brain drain, poor quality of EPs, and serious damage to reputation.



The erosion in pay and career paths, combined with depression and sometimes suicides, will continue to haunt the Office. SUEPO warned about this years ago [PDF], but that fell on deaf ears and the only outcome was the sacking of SUEPO leaders. Recently, Battistelli had yet more holidays called off simply because that suits him (and his right-hand bulldog said it would increase "productivity").

"Will the rule of law be enforced and will it be recognised that Battistelli cannot simply 'rob' the staff (their rights, their rest days) for the sake of "productivity"?"Well now, with a German at the helm, will any of this change? Will the rule of law be enforced and will it be recognised that Battistelli cannot simply 'rob' the staff (their rights, their rest days) for the sake of "productivity"? Ernst has an opportunity to intervene before it's too late, at the very least as a goodwill gesture to staff in Germany (Munich, Berlin).

Earlier this morning someone posted/approved this comment at IP Kat

Now that the EPO has a German chairman, will there be a different (even If only temporary ) approach to being so UP promoting??


As we wrote a very long time ago, Ernst has a hand in the UPC too, so we doubt he'll just unilaterally walk away from it, the constitutional challenge notwithstanding.

If he is truly toothless a Chairman, who is as subservient to Battistelli as Kongstad was, he'll probably neither say nor do anything.

The bizarre situation of Battistelli controlling the Council isn't new. It's like the overseer of Battistelli became his lapdog, sometimes because Battistelli showered some nations (typically smaller ones) with Office money.

The situation was never this bad. Staff representatives already pointed this out to the Council 3 years ago ahead of its quarterly meeting, chaired by Kongstad. To quote the letter in full:

Zentraler Vorstand . Central Executive Committee . Bureau Central

su14216cl 8 October 2014

To the members of the Administrative Council of the European Patent Organisation

Increased legal uncertainty surrounding decisions of the Administrative Council of the EPO

Dear Sir, Madam,

In our letter of 3 March 2014, we have informed you1 about the legal risks taken by the Organisation when introducing unilaterally – and against the reasoned opinion of the Staff Representation – substantial changes to the Service Regulations.

It is our responsibility to draw your attention to new facts that further question the legal validity of many decisions taken by the Administrative Council in the recent past.

Since 2012 Mr Battistelli has been appointing the Vice-Presidents of the Office (VPs) to the General Advisory Committee (GAC). The Staff Representation warned the Office that this was probably unlawful, to no avail. GAC members filed Internal Appeals against this decision. The Internal Appeals Committee (IAC) recently decided on the matter and unanimously considered that appointing VPs to the GAC in 2012 and 2013 was against the Service Regulations in force. The IAC further discussed the legal consequences, i.e. whether all decisions following GAC consultations in 2012 and 2013 should be quashed or not, and had a split opinion in this respect.

The President, who took the challenged decision in the first place, disagreed with the opinion of the IAC and rejected the appeal. The matter will thus be referred to the Administrative Tribunal of the International Labour Organisation (ILO-AT) that will issue its judgement in a few years’ time.

________

1 Letter to AC Delegations ref. su14037cl dated 3 March 2014 concerning the reform “Social Democracy”.




Should the Tribunal, as we deem likely, concur with the unanimous opinion of the IAC, it could decide to quash all decisions of the AC that followed GAC consultations since 20122, including CA/D 2/14 that led to the creation of the new framework for social dialogue labelled “social democracy”, and to the body which replaces the GAC in that new framework, namely, the General Consultative Committee (GCC), to which the President has again appointed VPs.

After the doubts cast in 2010 on the legal validity of Ms Brimelow’s pension reform 3, you may have hoped of not being confronted with even larger legal issues created by the Office. Not only several past decisions of the AC (since 2012) are now put into question, but also future ones.

The reputation of the Organisation is at stake. Solutions can be found before the Tribunal rules on the matter. Be assured that SUEPO is – as ever – willing to develop them together with management.

Yours faithfully,

SUEPO Central

________ 2 It is likely that the appeal against the 2014 appointments of VPs to the GAC will receive the same opinion from the IAC. 3 Cf. Opinion of the Internal Appeals Committee on CA/D 17/08. The case is now pending in front of the ILO-AT.


Who runs today's Organisation? Does the Organisation manage the Office or does the 'king' of the Office manage the Organisation still?

How can Battistelli just deny staff's rights? He's likely doing this unlawfully, probably without any consultation with -- or authorisation from -- the Council, having nonchalantly decided to call off public holidays.

Reformation Day 2017 is at the end of this month, but Battistelli decided to call it off. Will Ernst intervene? Will he signal to staff that Battistelli is no longer a 'king' (in his own mind)? What we have seen so far isn't reassuring. Ernst is too weak.

Recent Techrights' Posts

SLAPP Censorship - Part 80 Out of 200: Having Run Out of Time to Meet a Judge's Deadline, Microsoft's Graveley Had Garrett's Lawyers Argued My ~190-Page Defence and CounterClaim (DCC) Was Unclear About My Position
Nothing could be further from the truth
 
Links 18/05/2026: Slop-induced Shortages, Solicitors Regulation Authority Says It's Unable to Deal With Complaints Load (So Regulation Does Not Really Exist)
Links for the day
Gemini Links 18/05/2026: Ghost Essay and World Wide Web Considered Broken
Links for the day
Cooperation and Collaboration, on a More Personal Level
Rianne, to me, isn't just a wife; she is also my best friend
IBM Has Payroll Problems (Just Like Microsoft)
It's a good thing that many nations around the world are, accordingly if not proactively, divesting from GAFAM
Links 18/05/2026: 25 Years of OLDaily and Dangers of "Living With Too Much Tech"
Links for the day
Trips to London
London isn't a bad place, but it's a long journey and we'd rather stay in Manchester and write about technology
Working in the Shell (and Fish)
Yesterday we spent about 5 hours on the shells and fish
The Corrupt Lecture the Non-Corrupt - Part XXVI - Campinos Has Put Unfit-for-Employment Drug Addicts in Charge of the European Patent Office (EPO)
How many months has Campinos got left before the delegates show him the door?
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Sunday, May 17, 2026
IRC logs for Sunday, May 17, 2026
Gemini Links 18/05/2026: Poetry, Sauna, and GNU Taler
Links for the day
"The Society of Media Lawyers" (UK) is a Truly Malicious Anti-Media Lobby Which Helps Rich/Abusive Americans and Hostile Countries Attack Actual Media Workers in the UK
They typically source their money from aboard to besiege domestic actors (like honest journalists or independent outlets that document suppressed beats/topics)
Slop Still Waning, Its Momentum is Driven by Companies That Stand to Lose a Lot (or Everything) When the Bubble Pops
When it comes to LLM slop disguised as news, it's just not working out
Gemini Links 17/05/2026: arXiv Brings Down the Hammer, UnderPOWERed, and Slopping With Tcl/Tk
Links for the day
Links 17/05/2026: Amazon Employees Herded Into Slop, Taiwan Sold Down the River by Cheeto
Links for the day
Links 17/05/2026: Society of Media Lawyers (Brett Wilson LLP et al) Lobby for More SLAPPs in the UK, “Courage in Journalism Award” Given in Oppressive Country
Links for the day
Finland Needs to Dump Microsoft (Microslop) for National Security Reasons and the Same is True for Hundreds of Countries
"I don't see why Ryssäs would want Finns to use microslop products..."
Cyber Show UK is Already Available Over Gemini Protocol
This past week the total number of active Gemini capsules hit all-time records several times
Fight Til the End
This comes to show that persistence pays off
SLAPP Censorship - Part 79 Out of 200: They Will Soon Reach the 100 KG (Kilograms) Milestone; Wheelbarrows, Not Justice (Quantity of Legal Papers Sent to Us)
It's about the quality, not quantity (unless your sole aim is to drown out or "flood the zone")
The Corrupt Lecture the Non-Corrupt - Part XXV - Not Bringing Intelligence to the EPO, Not 'Artificial Intelligence' Either (But Intelligence-Eroding Drugs)
The EPO was meant to be about science and law. In practice, however, it's about breaking the law and being stoned.
The Cyber Show on Why Coding is Important and Slop Cannot Change or Replace That
Hand-crafting one's site has plenty of advantages
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Saturday, May 16, 2026
IRC logs for Saturday, May 16, 2026
Gemini Links 17/05/2026: Music Theory, Reticulum Git Repos, and Releasing Kiln
Links for the day
Links 16/05/2026: Cuba Plunges Into Darkness (Energy Wasted by Nonsense), Googlebooks as Slop Nonsense (Energy Waste and Time Wasted)
Links for the day
Links 16/05/2026: Climate Issues, Free Speech, and Monopolies/Monopsonies
Links for the day
Gemini Links 16/05/2026: Retreat and Devuan Manuals
Links for the day
SLAPP Censorship - Part 78 Out of 200: Slandering Me for Saying the Truth About Graveley and Garrett's Abuse of Processes, Stacking Dockets
These are the sorts of things British taxpayers ought to talk about
"AI" Became a New Name or Placeholder for Debt
Because they will only ever lose money for this thing with "tokens" or "potential"
"Microsoft Goodwill and Intangible Assets" Down Two Years in a Row, According to Microsoft
Microsoft cannot sell these, so what is their real relevance?
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Friday, May 15, 2026
IRC logs for Friday, May 15, 2026
IBM: Shares Down 30%, Mass Layoffs, IBM Says "Goodwill" Grew by 10% to Over a Third of the Company's Total "Worth"
According to IBM
Microsoft LinkedIn Layoffs "Very Likely Higher" Than 1,000 People
Microsoft is bleeding