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

Richard Stallman's Web Site Back Online, But It Seems Like a 2-Months-Old Snapshot
Latest political notes are dated July 2 (2026)
 
You Can Run GNU/Linux on a Desktop/Laptop for 1,000+ Days Nonstop
To me, the long uptime is a way of "marketing" GNU/Linux as robust and stable
Profiting From Global Warming (and Making More Money the More You Cause Warming)
Unregulated bank and pyramid scheme
SLAPP Censorship - Part 172 Out of 200: The Solicitors Regulation Authority (SRA) Complicit in the SLAPPs by Inaction (Didn't Even Study Any Evidence, Only Wasted Time and Budget)
"SRA placed into special measures due to 'disappointing standard of leadership'"
China Does Not Need American (US) Products Like GAFAM's
China has abundance of technical things it can leverage to preserve its autonomy
RMS Didn't Make Enough Backups
Making backups is important
Refresher: Why EPO Staff is on Strike This Year (Aside From the EPO Acting Like a Corrupt, Above-the-Law, For-Profit Corporation That Violates Its Own Charter)
One core issue at the EPO is erosion of purchasing power
Gemini Links 05/09/2026: Fireflies, Shore Pine, and ASCII Art
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Friday, September 04, 2026
IRC logs for Friday, September 04, 2026
The Legal Services Board (LSB) Takes on Solicitors Regulation Authority (SRA) for Utter Failures, We'll Resume Our SRA Series to Illuminate How Bad the SRA Really Is
a quick overview of the latest news
Links 04/09/2026: Notorious Patent Trolls' Judge Enters the Private Sector (Corruption, Revolving Doors), Gloria Steinem's Life in Pictures
Links for the day
Gemini Links 04/09/2026: Worries, Upgrades, and CS Students
Links for the day
SPAM Disguised as Benchmark or Comparison: The Register MS "PARTNER CONTENT" is Getting Weirder by the Month
Sites that promote fake 'coins' or pyramid schemes to their audience(s) aren't worth tolerating
PIPs at IBMs are Layoffs Because They're Impossible to Satisfy (or They Terminate Workers Despite Satisfying Them)
What insiders say
In the United Kingdom You Can No Longer Make the Assumption People Use Windows (or 'Smart' 'Phone')
As autumn arrives Microsoft faces a crisis
SLAPP Censorship - Part 171 Out of 200: Talking About Corruption and Violence Against Women
Today the Labour Party (UK) speaks about corruption
Warming Up for Investigative Journalism About the European Patent Office (EPO), Europe's Second-Largest and Probably Most Corrupt Institution in Europe
It continues to exploit diplomatic immunity for impunity
Microsoft Handing Out PIPs by the Thousands, Anxiety in GAFAM Building Up
Years ago I heard from people who pretended to be ill to avoid getting fired
BRICS in the Windows: Brazil's GNU/Linux Share (as Measured by CDN) Has Hit Highest Point in a Month
The largest Web CDN, Clownflare, sees GNU/Linux at 8.1% right now in Brazil
Corporate Media Will Always Glorify Its Owners (Corporations That Value Nothing But Capital)
Collecting "money" like it's a form of competition where they track "score"
We'll Never Do Slop!
Being against slop is not being "left behind"
Thieves Complain About the People They Steal From
"When you point the finger at someone, there are three fingers pointing back to you"
Links 04/09/2026: "The Rise of the Billionaire Lobby", the "Imperialist Delusions", and Digital Restrictions (DRM) From Nvidia
Links for the day
Buying From China
Nations must begin to speak about their digital sovereignty, which Free software is best equipped to grant and best positioned to assure in the face of outside resistance
GNU/Linux Continues to Grow in China
GNU/Linux reached its highest point in a month
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Thursday, September 03, 2026
IRC logs for Thursday, September 03, 2026
Gemini Links 04/09/2026: Forgotten Realms Avatar Series and Slop Plagiarism's Footprint in Gopher/Geminispace
Links for the day
Like Uber, Paypal's Debt Has Shot Up 2.5 Billion Dollars in 3 Months, Now the Mass Layoffs Come to India
even reducing the salaries by offshoring isn't enough to save the company
IBM Eliminating Over 20,000 IBM Workers by Year's End, Insiders Claim
the layoffs are silent
Microsoft "engineers who aren’t critical are let go" this week/month (silent layoffs)
"stack ranking"
Is Microsoft Trying to Kill What's Left of XBox by Year's End?
How many people will still bother purchasing these consoles by the end of the year?
SLAPP Censorship - Part 170 Out of 200: Downtimes
Yesterday traffic skyrocketed here
The Register MS Publishes More Word Salads Promoting "AI" Because It's Paid to Do So
Hype, name-dropping, and scaremongering
Gemini Links 03/09/2026: Google Maps, Gemini's Early History, and Suppressing Slop Plagiarists
Links for the day
Links 03/09/2026: Unsafe Skies, Thunderbird Adopts Proprietary / Vendor Lock-in Traps, "Xbox Live Down Again"
Links for the day
Growing Thirst for Free Software, the LibreOffice Edition
LibreOffice is in "high demand"
Links 03/09/2026: John Ternus Enters Apple Amid Mass Layoffs, Journalist İrem Delice Arrested
Links for the day
Stallman.org Down Due to Virtual Machines Issue, "Senior Engineers are Investigating the Issue" Since Saturday
RMS site down due to virtual machines issues upstream
Linux Foundation is Plagiarism Hub, Linux is at Risk From It
Torvalds never looked weaker and more compromised
Gemini Links 03/09/2026: Back in Japan, Another New Year, Reasons to Avoid Have a "Smart" "Phone", and Rant About Built-in Batteries
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Wednesday, September 02, 2026
IRC logs for Wednesday, September 02, 2026