Bonum Certa Men Certa

From Saint-Germain-en-Laye to Strasbourg, Even the European Court of Human Rights (ECHR) Might Side With Nicolas Sárközy's Thug at the EPO

English [PDF] | French [PDF]

ECHR on EPO case



Summary: "The ECHR in practice denying staff of IO's [International Organisation] fundamental rights," SUEPO reports/recalls this week

A FEW days ago, on the very last day of April, the staff union of the EPO (also known as "SUEPO") cited an old paper from Robin Silverstein. We're guessing that it relates to the case against EPO management ('mini' Sárközy and his Vice-Presidents), to possibly be taken up by ECHR (we covered it several times last year). Yesterday SUEPO cited another old or undated document, this time the words of ECHR President Guido Raimondi, who is based in Strasbourg. We might soon cover another Battistelli scandal, this time in relation to Strasbourg itself. There's also another Battistelli scandal in Saint-Germain-en-Laye (to be covered here next week).



All these French connections do matter and are certainty relevant to the EPO; there's a reason why it took nearly a decade to hold Nicolas Sárközy accountable for pretty serious crimes. Sárközy is said to be the person who helped put Battistelli in charge of the EPO.

"We might soon cover another Battistelli scandal, this time in relation to Strasbourg itself. There's also another Battistelli scandal in Saint-Germain-en-Laye (to be covered here next week)."Will ECHR hear and deal with EPO abuses? The "[p]osition of ECHR President Guido Raimondi on the case law of the European Court of Human Rights on international Civil Service law," says SUEPO, includes phrases like the above, including: "In a neighbouring register, the Klausecker case did not lead to a much happier solution for the applicant. In this case, he had been disabled since the age of 18 as a result of an accident that caused him to lose one eye, one hand and part of the fingers of the other hand. Having graduated with a degree in mechanical engineering, he worked as a research assistant at a university. After applying to work at the European Patent Office in Munich and passing the examinations to become a patent examiner there, he was not admitted to the post in 2005 on the grounds that he was not physically fit. He lodged an appeal against this decision with the European Patent Office and then with the Administrative Tribunal of the International Labour Organisation, which were rejected in 2005 and 2007 respectively in so far as candidates for a post are not entitled to lodge appeals of this type. Since the European Patent Organisation (EPO, of which the European Patent Office is a member) enjoys immunity from jurisdiction before the German civil and labour courts, the person concerned brought the case directly before the Constitutional Court, which, in 2006, ruled that his appeal was inadmissible and declared that it lacked jurisdiction to judge it. Subsequently, the European Patent Office proposed to the applicant to have the dispute decided by an arbitral tribunal, an option it refused in 2008 on the ground that this procedure would infringe essential procedural guarantees, in particular the right to a public hearing within a reasonable time. The applicant then brought the case before the Strasbourg Court on the basis of Article 6(1) of the ECHR.

"As regards the lack of access to German courts, the Court finds, first of all, that granting the EPO immunity from jurisdiction before the German courts was intended to ensure the proper functioning of that international organisation and thus pursued a "legitimate aim". In determining whether limiting the applicant's access to German courts was proportionate to that objective, the Court considers it decisive to determine "whether there was any other reasonable means of effectively protecting his rights under the Convention". However, it considers that the applicant did have another means at his disposal, since he had been offered participation in arbitration proceedings. The Court notes in particular that, under the arbitration contract proposed by the EPO, the arbitrators would have decided the dispute on the basis of the rules which the ILO Administrative Tribunal would have applied had it been competent. In its view, the mere non-public nature of the hearing before the arbitral tribunal - where the parties could be represented by counsel - did not make the arbitration procedure a "poor substitute for proceedings before a national court".

"Since the applicant had another reasonable way to protect his rights under the ECHR, the limitation of his access to the German courts was proportionate; this first part of the application is therefore rejected for manifest lack of foundation.

"All these French connections do matter and are certainty relevant to the EPO; there's a reason why it took nearly a decade to hold Nicolas Sárközy accountable for pretty serious crimes.""Turning then to the complaint concerning a lack of access to the procedures of the European Patent Office and the ILO Administrative Court and the shortcomings of those procedures, the Court notes that, in the light of its traditional case-law, Germany could be held liable in the present case only if the protection of fundamental rights offered by the EPO to the applicant had been "manifestlydeficient". However, by offering Mr. Klausecker to participate in an arbitration procedure, the EPO had provided him with another reasonable means of having his complaint examined on the merits. Consequently, the Strasbourg Court considers that the protection of fundamental rights within the EPO has not "manifestly failed" in this case and therefore also declares inadmissible the second part of the application."

There's a lot more in there (10 pages in the translation of the original). Assuming SUEPO's site is resilient (with Battistelli leaving the Office in less than 2 months), we haven't chosen to make local copies. Battistelli is soon going to Strasbourg, which is where his next employer is based, not just ECHR. Incidentally, Strasbourg is also where Battistelli's 'bulldog' (Željko Topić) faces legal ordeals. The case was filed in Strasbourg because Croatia's courts are notoriously unresponsive and the system served to cover up Topić's abuses (because they go all the way to the top, i.e. the national government). Can a 'French' court in Strasbourg be expected to deliver justice in a case which implicates so many powerful people in France, perhaps also a former President, a Parisian Mayor and so on?

Recent Techrights' Posts

IBM, Running Out of Things It Can Sell, is Selling Software Patents
IBM is not just pathetic; it's actively harmful because it lobbies for software patents and spreads software patents around
The 'Church' of Moglen/Stallman
'reunion' with Eben Moglen
Microsoft Has Fallen to #3 in Singapore
There are many technically talented people in Singapore or overseas workers who lodge in Singapore
 
At The Register MS "PARTNER CONTENT" Means Company Writing Fake Articles About Itself and Its Own Products
At The Register MS, content-farming has become a thing
Staff of EPO Cautions Against Unlawful Weaponisation of PIPs Against Industrial Actions That Protest Corruption
PIP-like sanctions against anybody who does not toe the line of Cocaine King?
Gemini Links 29/07/2026: Star Trek, Retirement, and ODEs in GNU Octave
Links for the day
Links 29/07/2026: "BuzzFeed Lays Off 33 Percent of Remaining Staff" (Trying LLM Slop Some More), Scam Altman Mocked by the Media
Links for the day
GNOME Curated and Censored by IBM (Under the Guise of "Code of Conduct")
Felipe Borges (IBM) has just posted a follow-up
Digital Mass Surveillance as a Hallmark of Failed Societies
"small leap forward in tech ethics"
I Found a Typo, Don't Vote!
Social control media isn't good at adding any meaningful signal
Jeremy Sands Explained the Harms of Codes of Conduct
next week the 500th show milestone [is reached]
Tonight's Earnings Report From Microsoft and Facebook ('Meta') Will be Faked Because They Hide Almost a Trillion Dollars in Debt
The US economic system is only as honest as the people who govern it
The Vacuum Syndrome
Parables help
The Only Old People Who Can Survive IBM Are the CEO and His Circle of Enablers
very similar to what's happening at the EPO
Microsoft Layoffs Aren't Done Ahead of the Need to Tell Shareholders About "Efficiency" (Tonight)
Microsoft layoffs won't be "Done" until what's left of Microsoft is "None"
Microsoft Lacks Growth. Ahead of 'Results' The UK's Competition and Markets Authority (CMA) Finds Merit in Allegations Slop is Microsoft's Excuse for Price Hikes (Piggybacking Vendor Lock-in).
At this stage it's not hard to see why many nations gravitate away from Microsoft
Parliament leaks confidential cult inquiry witness contact list (COFG Victoria)
Reprinted with permission from Daniel Pocock
Troll-Feeding is Time-Wasting
in social control media
WordPress is Technical Debt
There are a number of technical tasks underway and maybe some testing (this coming weekend or later)
Will Red Hat Still Exist in 2027 or Just Become a "Brand" at IBM?
Whistleblowers told us IBM was laying off about 500 Red Hat engineers earlier this year
Call for IBM Whistleblowers
If you work for IBM and have something material (like balance sheets) to prove financial misconduct, please try to 'touch base' and establish a secure communication channel we can both use
EPO Series on EU and Pan-European Corruption, Vote-Rigging, Extending Beyond the EPO Itself
By Saturday it will be August already, so we'll start preparing for Rianne's birthday
SLAPP Censorship - Part 133 Out of 200: Lies by Omission
As usual, the other side wants people to ignore how much they lost
European Patent Office (EPO) Series: Streamlining the Decision-Making Process
Negrão was one of 17 applicants for the position but he somehow managed to end up as the sole candidate on the shortlist prepared by the Management Board in June 2020
Links 29/07/2026: "Hugging Face Has a Deepfake Nudes Problem" and "$1.5B Anthropic Copyright Infringement Ruling" (Plagiarism is Not "Training")
Links for the day
Comments on Today's Judgment
It hopefully helps clarify what actually happened
Thank You, Andy
Burnham and "Tech Rights"
Solicitors Regulation Authority (SRA) Inaction and Incompetence - Part II - 77 Messages Sent, Did Not Even Investigate or Examine Any of the Actual Evidence (British Taxpayers' Money Wasted)
SRA has become known (even notorious) for inaction
Inevitable Politics
In technology, provided the work you do has growing impact (we served almost 2 million requests yesterday), things will inevitably become more political - whether you like it or not does not matter
Not Only "Loonies Take on Farage"
pretending that the opposition to the right wing is "Loonies"
Brigading Against Women - Part I - Bypassing the Legal System by Threatening Companies in Another Continent
In the next part we'll begin to connect Lozza's online activities (and court activities) to those of Garrett
IBM is Trying to Turn Debt (Borrowed Money) Into Fake Growth and It'll Worsen Matters
they put in their balance sheets a fake "growth" in something that does not even exist
Microsoft Relies on Misleading Narrative of Studios Going 'Independent'; in Reality There Are Mass Layoffs in Them
This is not a good narrative for Microsoft
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Tuesday, July 28, 2026
IRC logs for Tuesday, July 28, 2026
Gemini Links 29/07/2026: Arosa, Tired Tuesday, and Constellation Browser
Links for the day
In IBM, PIPs and RAs (Layoffs) Have Become Almost the Same Thing, Workers 'Expire' With Age (Seniority, Experience) and Empathy is Punishable by Termination
IBM does seem like a dead company
At Microsoft, PIPs Are Sometimes Known as "LITE" (a Silent Layoffs Legal Hack or a Shrewd Workaround to Skirt WARN Act)
Zero "layoffs" to report
Gemini Links 28/07/2026: “Strategies Against Algorithms” and DIYers
Links for the day
"Social Dialogue" With the Man Who Never Faced Real Competition at the European Patent Office (EPO), He Buys the Voters and Eliminates Rivals
Will the "Pretender" write back?
Digital Restrictions (DRM) and Microsoft: What Kills XBox Will Kill Windows Next
Microsoft wrongly and very arrogantly assumed that users would tolerate everything it throws their way
GNU/Linux in Afghanistan Reaches 7%
For many years it was stuck at less than 1%
Greenwashing Corruption With a "Chief Sustainability Officer", Who Infamously Defended Battisetelli's Crimes at the EPO and Petitioned for Him
She was rewarded for conspiring against EPO staff, as usual
What I Explained to Police About Blackmail and Death Threats via Burner Accounts (a Practice Which Generally Constitutes a Crime)
Today I've communicated several times with police
Links 28/07/2026: "People’s Claude Chats Are Publicly Accessible Online" and SpaceX Stock Crashes Like Its Products
Links for the day
UK tech sector missing from democratic process
Reprinted with permission from Daniel Pocock
How Not to Cover Elections (Democracy Relies on Reliable, Complete Information)
Misinformed voters are a recipe for disaster
Microsoft E.E.E. (and "Bait and Switch") Going Exactly According to Plan
That is what they are trying to tell us and the companies that employ us
IBM: An Old Company That Hates Old People
Remember that's coming to Red Hat workers in 2 months
Strict Policy on Violence and Violent Language
This matter is now being escalated to law firms
Avoiding Discrimination Against People With Disabilities
work underway to improve the system which runs the sites
Links 28/07/2026: XBox DRM Doomed Everyone (Cannot Play Anything), Slop (Ponzi Scheme) Being Pinkwashed Now
Links for the day
Gemini Links 28/07/2026: Ethics, GIMP Script-Fu, SMTP Versus Gemini, and Proposal for Better TOFU
Links for the day
To a Sociopath, Ethical People Are Bad People. Don't Fall for It.
If you put sociopaths on a pedestal, the pedestal will break
Improving the Static Site Generator
Our system has fixes triaged
Diversity in Debian
bringing up the topic is the real problem, diversity itself is a taboo subject
GNU/Linux in Brazil. The B in BRIC(S).
the "market share" is assessed to be around 5%
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Monday, July 27, 2026
IRC logs for Monday, July 27, 2026
Hate Consumes the Haters
If you hate someone (or something) and you're willing to do anything for "hate rituals", then at the end the emotion will outweigh reason and it'll backfire, surely
GNU/Linux Rises Some More Internationally, statCounter Now Estimates Its Usage on Desktops/Laptops at 7.7%
significant growth for GNU/Linux in Japan, China, Thailand, Vietnam, Indonesia and Cambodia
IBMers on PIPs and the Age (or Cost) Factor
People in their 50s seem to be targeted as they are considered "expensive"
Sad State of Troll-Feeding British Media (Establishment Channels Promoting Total Idiots)
Breeding ignorance means people will assume they have a choice between two pieces of trash: "Nige" or a literal trash can
Links 27/07/2026: Sleepless Japan PM Takaichi Becomes Unpopular and Data Centre Magnate Confiscate Land Without Consent
Links for the day
A Few Hours Ago The Register MS Published an 'Article' With "AI" 32 Times in It, Including First Word in Headline and Summary. It Was Paid SPAM "Sponsored by Hammerspace".
The lost media is engaging in self-harm
Microsoft is Down
This relates in a timely fashion to what we published yesterday
In Techrights, Gemini and HTTP/HTML Are Very Different
Those were never equivalents or mirrors, those are two things that are inherently different and are maintained by different teams
Gemini Links 27/07/2026: Gemified Internet RFCs, “Junk DNA” Is Commented-Out Code, and More
Links for the day
The Techrights Gemini Capsule Was Never a Mirror
Techrights has long taken accessibility quite seriously
Americans Are Not Our Masters
If you are subjected to online abuse, don't give up
Daniel Pocock Campaigns Around "Safety of Children Online" and "Cybersecurity"
There seems to be a growing 'coalition' in the UK based around important issues which impact the entire planet
XBox the Console is Practically Finished (Unofficially), Even the Streaming ("Live") or DRM Service is Dead
XBox has never been closer to profitability
Many CEOs Are Just Glorified Scammers With Suits and Ties
Economies cannot function when few people abuse them for self-enrichment
After statCounter Figures Out Many "Unknowns" Were in Fact GNU/Linux the "Market Share" Estimate in China More Than Doubles
Japan is the same for similar reasons
peppe8o - a Site About Raspberry Pi, Arduino and Electronics - Has Turned Into a Slopfarm
We won't be linking to it anymore
Feeding 'the Children'
Maybe some time soon we'll do a fund-raiser to help feed the birds
Japan: GNU/Linux Crosses the 5% Threshold, Two Years Ago It Was Only 1%
Now it's at over 5%
We Need More Transparency
Our heads of state are very much aware of and concerned about SLAPPs and censorship
"The War on Children" Explained by The Cyber Show
Consumer protection and the war on children
EPO Cocainegate and Current EPO/EU Series to Carry on for Months to Come
Another week has begun
When IBM "Managers Have to Mark 15% of Their Teams as Low Performers" a PIP Means Likely Layoffs (Disguised as a Performance Issue)
"IBM is a Law firm with an I/T department."
Links 27/07/2026: Chatbots Lead to Suicides, Social Control Media Intentionally Designed for Addiction
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Sunday, July 26, 2026
IRC logs for Sunday, July 26, 2026