Bonum Certa Men Certa

Bavarian Regional Parliament Talks About the EPO's Outrageous Decisions to Simply Disregard International Courts

Gabi Schmidt



Summary: German politicians are still awed to discover that right there in Bavaria people claim to be exempted from the law and get away with snubbing court orders (without any consequences)

ONE week ago we complained that German media helped cover up rather than cover the latest EPO scandals. Prior to that SUEPO also linked to this original page in German (now it has English and French translations), quoting Gabi Schmidt and a colleague. Gabi Schmidt is no stranger to these scandals and she spoke about them before [1, 2, 3, 4].



Here is the English translation from SUEPO:

10.12.2017

FREIE WÄHLER, the Free Voters, demand immediate reinstatement ofsuspended judge at European Patent Office



In the name of a state governed by law: Geneva judgment must be implemented immediately

Munich. The European Patent Office (EPO) in Munich is refusing to reinstate a judge of the Boards of Appeal who had been wrongfully suspended. The Office executive is continuing to refuse the judge access to his workplace, and is so preventing him from exercising his role as an independent judge. An action which contravenes two rulings by the chambers of last instance at the Administrative Tribunal of the International Labour Organisation (ILOAT) of 6 December 2017.

For the FREIE WÄHLER, the Free Voters in the Bavarian Regional Parliament, this action is intolerable. Peter Meyer, Vice-President of the Provincial Parliament and member of the Constitutional Committee, sees this as a serious infringement of the free and democratic constitutional system of Germany: “The fact that the EPO executive is refusing to implement two indisputable judgments is simply beyond belief. It is inherent in our democratic process and our status as a state governed by law that a judgment which has been promulgated is binding on the authority which is to implement it. This foundation stone is now being simply torn away by an international organization based in Munich.”

Gabi Schmidt, Member of the Regional Parliament and member of the Parliament’s European Committee, has long been drawing attention to the intolerable situation of the staff at the EPO. But with this new development a new dimension has been reached: “Up to now, the EPO staff have still been able to count on the fact that decisions which are wrongful under labour law will be put right by the ILOAT in Geneva. Now it seems that not even recourse to law can help.”

The refusal to implement the judgment is particularly disturbing because it involves a member of the independent Boards of Appeal. For Meyer, this is going to have consequences for patent protection in Germany which still cannot be foreseen: “If the arbitrary suspension of judges and the refusal to respect judgments which run contrary to this is allowed to hold sway in the European Patent Office, we can no longer speak of independent Boards of Appeal. Germany has an obligation in this case, as a signatory to the European Patent Convention and as the host country of the European Patent Office, to press for the restoration of conditions which comply with the law. There is a favourable opportunity to do this now, since with Christoph Ernst a German now occupies the Chair of the Administrative Council. Ernst is a ministerial executive in the Federal Ministry of Justice.” Otherwise, Meyer says, the legal principles and values of the Basic Law are utterly called into question.

“We shall continue to fight in support of the demands of the staff, and strive to ensure that the EPO management can no longer hide behind their immunity as an international organization. We shall be raising this scandalous performance as an issue next week in the Bavarian Regional Parliament”, declares Schmidt.



If the EPO wasn't so corrupt under Battistelli, none of this mess would have happened. A lot of the mess is the symptom or a side effect of trying to brush things under the rug.

Recent Techrights' Posts

How Many Web Requests From "Linux"...
If one was to assert that "Linux == Android" or "Android == Linux" (it's not that simple), then "Linux" already accounts for about 30% of Web requests
Microsoft Trots Out Its Propaganda Agent Preston Gralla to Make It Sound Like Microsoft Breaks Up With China (Reality: Microsoft Got Dumped by China)
This discredits any publisher that plays along
SLAPP Censorship - Part 161 Out of 200: Low Standards in Defamation Cases Just Muddy the Waters and Distract From Legitimate Cases
The judge at the trial said that Garrett's case was a waste of the court's money
 
Pushed to Live
We still have some other work - stuff related to the editing of pages - which is work in progress and has been subjected to testing for many months
GNU/Linux Measured at 10% in Germany, Based on Cloudflare
It's peaking late at night
Richard Stallman's GNU Project Began 42 Years Ago With GNU Emacs and More
GNU Project announced almost 43 years ago (next month it's the anniversary)
Fake Articles "Sponsored by HPE" Published in The Register MS
Selling proprietary products as 'alternatives' to other proprietary products
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Tuesday, August 25, 2026
IRC logs for Tuesday, August 25, 2026
Gemini Links 26/08/2026: Journal Plans and Extending Finger Protocol
Links for the day
An Explainer About Injunctions Done Wrong - Part I - Saving Money Where Money Cannot be Saved
Of course Garrett not being able to afford his own case is a key factor here
Links 25/08/2026: "U.S. Marines Cancel Drill With South Korea", "UK Prime Minister Burnham Arrives in Ukraine"
Links for the day
Not for the First Time This Week, Site Called "It's FOSS" is Promoting Software That is NOT FOSS (And It Knows It)
Is this an editorial choice? Advertising? What is it?
Gemini Links 25/08/2026: Geometry and FidoNet History, "Goodbye I2P and Yggdrasil, Welcome Telnet!"
Links for the day
Links 25/08/2026: Microsoft Salaries Leaked Again, "Oasis Photograph Sparks Copyright Lawsuit"
Links for the day
GNU/Linux Did Not Start in 1991 and America Wasn't Discovered by Europeans
it'll be 43 next month
Rolling Out Some Changes Soon
To the regular reader no change will be seen
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Monday, August 24, 2026
IRC logs for Monday, August 24, 2026
Gemini Links 25/08/2026: Separated by Plexiglass, Low-Tech Information Networks, Jörg Rippel Comes to Geminispace
Links for the day
The Tragedy of Software Developers Making Up Narratives and Making Excuses for Plagiarism (of Their Own Work, Too)
one lingering issue is that many who vote in Debian GRs receive money from slop companies
Evri Makes Us Optimistic About the Collapse of the Slop Pyramid Scheme (Bubble)
Do not be seduced by false promises of "automation" or "intelligence" where only automation may exist but no intelligence at all
Congrats to Linux.org for Adopting or Getting Back to IRC
This is the way the Net ought to work and was originally designed to work [...] IRC as a protocol turns 38 this month
Links 24/08/2026: "Journalism Can Help Expose Bad Science And Trigger Real-World Change"; Further Suppression and Censorship in China/HK
Links for the day
Gemini Links 24/08/2026: Soul Mentality, Words to Live by, Mozz.us Gemlog Resumes, Smol Conversations
Links for the day
Today The Register MS Published Greenwashing Spam for the Slop Pyramid Scheme, It Mentions "AI" 29 Times
More people need to talk about the role of the media in this pyramid scheme
Slop Plagiarism and Chatbots Are Killing Evri (They Infuriate and Insult Clients)
Slop destroys companies and leads to misery (miserable clients, time-wasting)
Links 24/08/2026: Re-defining the IndieWeb and "Data Center Backlash Bursts Into the Midterms"
Links for the day
The Issue With Omarchy is the Slop, the Politics Are a Side Issue
Those corporations do not oppose slop, they participate in it
In South Korea, Steady Increases for GNU/Linux
authorities said they would migrate to GNU/Linux or consider moving in that direction
SLAPP Censorship - Part 160 Out of 200: In Astounding Repetition of Last Year, Brett Wilson LLP Deliberately Ignores Holidays of People It is Attacking and Crushes Principles of Access to Justice
Disconnected from the law
Links 24/08/2026: Vision and Skill, Doing Good, Chiperia Project
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Sunday, August 23, 2026
IRC logs for Sunday, August 23, 2026