Bonum Certa Men Certa

Further Attacks on EPO Staff and the Appeal Boards; Former EPO Boards of Appeal Member Speaks About EPO Scandals

It's easy for her to speak out about these scandals now that she's retired (just like Siegfried Broß)

EPO circus
Image credit: Sheikh it Sheikh it‏



Summary: In the process of devaluing EPO workers and perhaps preparing them for a large round of layoffs information is also revealed about further repressions against the independence of the Boards of Appeal

THE EPO is rumoured to be heading towards layoffs (700-1000 in number, i.e. 10-15% of staff), as we noted yesterday morning and CA/3/18 seems to be stripped apart by Battistelli, as we noted last night. "New Art. 53(1)(f) must be suppressed in the proposal CA/3/18," another source told us overnight. "That was decided in the Board 28 meeting on Wednesday. So, the status of "permanent staff" is maintained. But the other foreseen changes probably stay in CA/3/18 (still to be confirmed)."

"We certainly hope that the German Constitutional Court is paying attention to this."We are hearing these things (about layoffs and "permanent staff" status) from multiple independent sources, so it's likely to be true. As time goes by rumours become concrete and eventually the press too reports these as facts (albeit belatedly, sometimes as much as a month late).

Here's another new comment related to this (not many people will have noticed it):

Another curious detail is that in order to designate his deputy the President of the Boards of Appeal needs to have the approval of the President of the Office (CA/D 4/17). https://www.epo.org/modules/epoweb/acdocument/epoweb2/257/en/CA-D_4-17_en.pdf The background to this arrangement can be found in CA/53/17. https://www.epo.org/modules/epoweb/acdocument/epoweb2/258/en/CA-53-17_en.pdf


We certainly hope that the German Constitutional Court is paying attention to this. Our next post will be about the German Constitutional Court.

Catarina HoltzIn the meantime, however, mind the following new comment from Catarina Holtz, [1, 2], who describes herself as "former legally qualified member of the EPO Boards of Appeal, former Appellate Court Judge Stockholm" when she says: (probably in a rush due to a few trivial typos)

I am very impressed, Herr Bausch, with your astute observations. But, there is a problem for every international organisation, which tells us why we cannot succeed going national with our complaints. Why? Because all of them work in a deficient legal environment. There is no other constitution than the convention under which it works, there is no Parliament or Government, with their respective functions, governed by the people who voted them into office. one to adopt laws, the other to excute them. And above all, there is no access to any court to deal with complaints, be they staff grudges against treatment of them, or parties to cases who feel discriminated. ILO is the single way out and as some have already observed, the EPO might just disregard them. And mark this, this is the situation for each and every international organisation from the UN down (remember the Kompass case?). Study the case law of the ECHR on cases where staff of such isntitutions have tried to be heard, eg. Waite and Kennedy v. Germany or Heinz v. the conctracting states to the EPO. These are examples of why there is no access to the ECtHR, the states and the organisation are immune. So the effort of the EU to become a member of the ECHR is commendable, that would give staff and others a venue to be heard. The rest is not silence, but a continuous effort is required to make the powers of the EPO to see reason. What is happening there is disgraceful.


A lot of this can (and probably should) result in sanctions against Battistelli and the UPC. In a society which is based on law and order such behaviour cannot be tolerated. We don't expect ILO to intervene in any way because it's part of the problem and labour complaints/appeals arising from ILO end up in its very own Administrative Tribunal, as ridiculous as that ultimately sounds (no independence). If the EPO Boards of Appeal is controlled (indirectly) by Battistelli, who sort of appeal (against the Office) mechanism is it really? Imagine a UPC headed by Battistelli...

Recent Techrights' Posts

Early Retirement Age: Linus Torvalds Turns 55 Next Week
Now he's almost eligible for retirement in certain European countries
Gemini Links 22/12/2024: Solstice and IDEs
Links for the day
BetaNews: Microsoft Slop is Your "Latest Technology News"
Paid-for garbage disguised as "journalism"
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Saturday, December 21, 2024
IRC logs for Saturday, December 21, 2024
Links 21/12/2024: EU on Solidarity with Ukraine, Focus on Illegal and Unconstitutional Patent Court in the EU (UPC)
Links for the day
[Meme] Microsofters at the End of David's Leash
Hand holding the leash. Whose?
Deciphering Matt's Take on WordPress, Which is Under Attack From Microsofters-Funded Aggravator
the money sponsoring the legal attacks on WordPress and on Matt is connected very closely to Microsoft
Gemini Links 21/12/2024: Projections, Dead Web ('Webapps' Replacing Pages), and Presentation of Pi-hole
Links for the day
American Samoa One of the Sovereign States Where Windows Has Fallen Below 1% (and Stays Below It)
the latest data plotted in LibreOffice
[Meme] Brian's Ravioli
An article per minute?
Links 21/12/2024: "Hey Hi" (AI) or LLM Bubble Criticised by Mainstream Media, Oligarchs Try to Control and Shut Down US Government
Links for the day
LLM Slop is Ruining the Media and Ruining the Web, Ignoring the Problem or the Principal Culprits (or the Slop Itself) Is Not Enough
We need to encourage calling out the culprits (till they stop this poor conduct or misconduct)
Christmas FUD From Microsoft, Smearing "SSH" When the Real Issue is Microsoft Windows
And since Microsoft's software contains back doors, only a fool would allow any part of SSH on Microsoft's environments, which should be presumed compromised
Paywalls, Bots, Spam, and Spyware is "Future of the Media" According to UK Press Gazette
"managers want more LLM slop"
Google Has Mass Layoffs (Again), But the Problem is Vastly Larger
started as a rumour about January 2025
On BetaNews Latest Technology News: "We are moderately confident this text was [LLM Chatbot] generated"
The future of newsrooms or another site circling down the drain with spam, slop, or both?
"The Real New Year" is Now
Happy solstice
Microsoft OSI Reads Techrights Closely
Microsoft OSI has also fraudulently attempted to censor Techrights several times over the years
"Warning About IBM's Labor Practices"
IBM is not growing and its revenue is just "borrowed" from companies it is buying; a lot of this revenue gets spent paying the interest on considerable debt
[Meme] The Easier Way to Make Money
With patents...
The Curse (to Microsoft) of the Faroe Islands
The common factor there seems to be Apple
Electronic Frontier Foundation Defends Companies That Attack Free Speech Online (Follow the Money)
One might joke that today's EFF has basically adopted the same stance as Donald Trump and has a "warm spot" for BRICS propaganda
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Friday, December 20, 2024
IRC logs for Friday, December 20, 2024
Gemini Links 21/12/2024: Death of Mike Case, Slow and Sudden End of the Web
Links for the day
Links 20/12/2024: Security Patches, Openwashing by Open Source Initiative, Prison Sentence for Bitcoin Charlatan and Fraud
Links for the day
Another Terrible Month for Microsoft in Web Servers
Consistent downward curve
LLM Slop Disguised as Journalism: The Latest Threat to the Web
A lot of it is to do with proprietary GitHub, i.e. Microsoft
Gemini Links 20/12/2024: Regulation and Implementing Graphics
Links for the day
Links 20/12/2024: Windows Breaks Itself, Mass Layoffs Coming to Google Again (Big Wave)
Links for the day
Microsoft: "Upgrade" to Vista 11 Today, We'll Brick Your Audio and You Cannot Prevent This
Windows Update is obligatory, so...
The Unspeakable National Security Threat: Plasticwares as the New Industrial Standard
Made to last or made to be as cheap as possible? Meritocracy or industrial rat races are everywhere now.
Microsoft's All-Time Lows in Macao and Hong Kong
Microsoft is having a hard time in China, not only for political reasons
[Meme] "It Was Like a Nuclear Winter"
This won't happen again, will it?
If You Know That Hey Hi (AI) is Hype, Then Stop Participating in It
bogus narrative of "Hey Hi (AI) arms race" and "era/age of Hey Hi" and "Hey Hi Revolution"
Bangladesh (Population Close to 200 Million) Sees Highest GNU/Linux Adoption Levels Ever
Microsoft barely has a grip on this country. It used to.
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Thursday, December 19, 2024
IRC logs for Thursday, December 19, 2024