Bonum Certa Men Certa

EPO Running ILO's Tribunal (ILO-AT) 'in a Loop' to Perpetually Delay and Drain the EPO's Complainants (Aggrieved Staff) Out of Money

ILO won't deliver justice, but it invites you to the long (and very expensive) ride

Loop



Summary: ILO's Administrative Tribunal -- a court for aggrieved EPO staff and other international organisations' staff (usually known as ILO-AT for short) -- is a major farce; when "time is money" and lawyers charge as much as 400 euros an hour the EPO's management can exploit/misuse its cash reserves to also game justice and buy legal outcomes

AS we've just explained, Koch v EPO [1, 2, 3, 4, 5] is an important case/appeal as it shows how useless ILO-AT has become. ILO is aware of the problem (it spoke about it several times), but it has not tackled the problem. Instead, it's meeting with EPO management while snubbing staff representatives/unions. This helps show whose side ILO is taking, as one might expect from an international organisation created for and by the rich and the powerful, not the besieged and the powerless.



Several months ago we took time to study the above case. The next post will deal with the latest (the 129th session of the Tribunal has just concluded). If anything, this only reaffirmed our negative view of ILO and ILO-AT.

"This helps show whose side ILO is taking, as one might expect from an international organisation created for and by the rich and the powerful, not the besieged and the powerless."From the EPO's reply in Koch's case (AT 5-4384) we know that the Tribunal (ILO-AT) issued Judgment number 4131, and that it thereby seems to "row back" from its former standard Jurisprudence which used to be considered rather competent and decent, at least during the good old times of Justice Mary Gaudron.

While it has been the Tribunal's standard Jurisprudence that organisations may not withdraw final decisions (withdrawal would contravene the principle of good faith, for instance), see Judgment number 2906, under 8., Judgments number 994, under 14., or Judgments number 1006, under 2., as the Tribunal seemed to allow the EPO withdrawal of final decisions and "re-running" of internal appeals (IAs) on its own initiative; see Judgment number 4131, under 5. -- yet that specific case was irreceivable for a different reason (the appeal concerned an intermediate step and therefore failed), i.e. cons. 5 of Judgment 4131 was irrelevant to the decision in that case.

Yet, it would be the end of Rule of Law if the Tribunal went further in the direction set out in Judgment 4131, under 5., and allowed the EPO to withdraw final decisions and to "re-run" appeals on its own initiative, without the complainant(s) being involved, also in other cases; see the arguments in para. 22 and subsections of this reply [PDF] -- many of them are general, some more specific to Koch's case. The clear risk is that cases will go back and forth between the EPO and the Tribunal without ever being treated in substance by the Tribunal.

"The clear risk is that cases will go back and forth between the EPO and the Tribunal without ever being treated in substance by the Tribunal."Even worse: In the meantime the EPO "legalised" the unbalanced composition of the Internal Appeals Committee (IAC) which had been reproved by the Tribunal in Judgment no. 3785, under 7., i.e. participation of volunteers being nominated by the President or selected by lots(!) instead of being nominated to the IAC by the Central Staff Committee (as it used to be). And now, disturbingly, the Tribunal mentioned the IAC (of 2018 and thus composed according to the EPO's new rules from the Battistelli era) as "properly constituted" in Judgment 4131, under 3. -- which, of course, the EPO's lawyers already used against Koch, to prevent the treatment of the case in substance, though the case is already delayed for 6 years since Ms. Bergot's adverse decision of September 2013 against Koch.

On the "good" side: the remark under cons. 3 of Judgment 4131 was not relevant to that particular case, as it failed for a different reason. Yet, if this route is continued, it would also mean that the Tribunal would no longer respect the principle of non-retroactivity embraced by it in the past -- see under 22.2.8 of the reply -- and that it would help the EPO benefit from its own turpitude, not just once, but multiply, as the repetition of the IAs would be purely formal (the composition of the IAC not having changed, just having been "legalised" by the EPO). Such "re-running" would generate more delay, more work and higher costs for complainants and potentially prevent treatment of certain cases in substance (like Koch's cases, which she is unable to treat in parallel, in two instances, see para. 22.1.7 and 5.1 of the reply). ⬆

Recent Techrights' Posts

Creditors beware: VMS Enterprises Ltd vs Brexit Party (Reform UK Party Ltd)
Reprinted with permission from Daniel Pocock
 
Broligarchs Speech-Policing, Faux 'Community' or 'Hub' in 'User-Driven' Clothing
Until a broligarch decides to "flag" inconvenient stories
Gemini Links 02/10/2026: Haiku, Microsoft EEE ('Linux' as a Container in Windows), and ROOPHLOCH 2026 Roundup
Links for the day
Microsoft Promised Them Bonuses, Instead They May Get Laid Off
Laid off or paid off?
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Thursday, October 01, 2026
IRC logs for Thursday, October 01, 2026
Lots of People Left Red Hat This Week, No Announcement Made of Layoffs
Companies just find ways and excuses not to announce their layoffs
Gemini Links 01/10/2026: Gemini-to-Web Proxies Considered Harmful, ROOPHLOCH 2026 at Griffith Park Observatory
Links for the day
"SPONSORED FEATURE" of HPE and NVIDIA at The Register MS Has Just Mentioned "AI" 68 Times in One Page!
Meanwhile, grown-ups ignore the hype and get work done without slop
Microsoft's XBox Layoffs Not Finished, Won't be Finished, It's Called "Forever Layoffs"
Microsoft will shut down (XBox) after shrinking it, there's no need to sell anything (a straw man)
IBM's Red Hat Lost Lots of People Today, Chief People Officer (CPO) Dethroned
Headcount falls shortly in secret.
Microsoft is "Pushing Up Daisies" Amid Mass Layoffs (Secret Ones)
"Longtime Microsoft research leader Peter Lee and former LinkedIn CEO Ryan Roslansky to depart"
Links 01/10/2026: "Lawyer Cites ChatGPT-Invented Fake Witnesses in Murder Appeal" and The 'Linux' Foundation Technical Advisory Board (TAB) Has Vacuum
Links for the day
Brigading Against Women - Part XIII - The Offer We Didn't Ask For (and Under Threats to a Lady at the Webhost, a Form of Extortion From America)
Two and a half months ago Garrett made an offer to my wife
Techrights Turning 20 Next Month
Our image is under attack, our finances are constantly under attack and so on
Links 01/10/2026: "Meat Proxies" and "Japan’s Far Right Is Courting Young Voters"
Links for the day
Red Hat Being Phased Out of Existence (Like Many Other Companies That IBM Bought)
The "Red Hat" brand (and badge) is being dissolved some more today [...] IBM is imploding 'creatively'.
IBM Layoffs Cover-up
thelayoff.com is censoring threads
"Restricted Boot" Garrett's State is Now Implementing Kill Switches (Just What We've Warned About All Along)
The underlying concept is hardly new
Brett Wilson LLP Has Had No Annual Report in 16 Months
A cynic might hint that they try to hide something
Reform UK last minute accounts filing
Reprinted with permission from Daniel Pocock
Gemini Links 01/10/2026: "Babel With Better Hardware", Software Input That's Slop, and DWeb Cascadia 2026
Links for the day
Today is D-Day at Red Hat and People Leave in Droves
They said there would be "bluewashing", we're mostly seeing people announcing they're leaving
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Wednesday, September 30, 2026
IRC logs for Wednesday, September 30, 2026
Gemini Links 30/09/2026: Fish Leather, Slop Formation, and ROOPHLOCH
Links for the day
In a Lot of Europe (or EU) Android (With Linux) is Bigger Than Windows
For example in Greece
Slop-Posting is a New Form of S---posting
We recently caught several more "linux" sites (with "linux" in their domain name) turning to slop
EPO Cocainegate: Lots of Money (Over a Million Euros) for Cocaine Addicts, Not for Children With Special Needs
Next month we'll bring out some more Campinos scandals
High Court victory: Nigel Farage is 'the Company's own candidate'
Reprinted with permission from Daniel Pocock
It Took GNOME's Code of Conduct Committee (CoCC) Over 8 Months to Realise CoC Reports Went Into /dev/null/
It would be ironic if the blunder's culprits were punished for it, would it not?
Links 30/09/2026: Microsoft "OpenAI Ignored Employees’ Warnings About Safely" and "Pentagon Personnel Agency Data Breach Impacts 3 Million People"
Links for the day
The Register MS "Events" As Paid Spam That Promotes and Keeps Afloat Hype About Slop
This dreary sort of media reads like a soup of words, i.e. like the thing it is advertising
Digital Independence in the UK and in Western Europe
We have the technical capacity and skilled personnel to achieve this
IBM's Anderon as a Mass Layoffs Ritual With a Bailout (From US Taxpayers to IBM) and Other Perks
Like those empty promises in the first term of the Cheeto dictator
Gemini Links 30/09/2026: David Bowie, Web Rendering Proxy, Ink and Letters, Gemlog Nostalgia
Links for the day
EPO Annual General Meeting (AGM) Will Speak of Financial State of the EPO's Union
Their work is needed because the EPO breaks the law
Rust Causes Upgrade Issues in Ubuntu
They could just keep GNU coreutils in place (nothing was broken about it) and avoid Microsoft's back doors and TPMs
Losses From Slop Are "Investment", Hundreds of Billions in Debt Are "Growth Opportunity", Layoffs Are "Great to See", and Loss of Business Means "We Need a Slowdown" (for "Safety")
Microsoft is removing staff, as investment is apparently the act of shrtinking
Brigading Against Women - Part XII - Toxic Masculinity, Hunting Women, Will Code for Sex
Who says things like these?
The Microsoft Lunduke Slop Problem
Microsoft Lunduke does not support Software Freedom; he serves to discredit many ideas championed by Free software or ideals articulated which are apolitical for the most part
Links 30/09/2026: "Understanding the LLM Bubble" and "Florida Senate Threatened Legal Action Against Newspapers"
Links for the day
It Looks Like Mass Layoffs at "Nordcloud, an IBM Company" Today (a Day Ahead of Red Hat)
Expect the same from Red Hat next
British Prime Minister Recognises Social Control Media as National Cohesion Problem
one has to wonder if addiction to social control media is not compatible with peace
The Future Isn't Social Control Media (Nothing Will be Left of It, Not Even Archives)
"Error code: 502 Bad Gateway"
GNU/Linux Usage in China is Increasing
China is leaving Microsoft and Windows behind
43 Years of GNU and GAFAM's (Especially Microsoft's) Attacks On It
GNU is very widely used (when people say "Linux commands" they typically mean "GNU programs"), hence it's being attacked a lot
CDMAG Covers Free Software, New Magazine From Decent People
If enough people accessed their site, they would not rely on social control media (third parties, censorship platforms)
Brigading Against Women - Part XI - An Abject Lack of Social Skills (and Not Knowing How to Handle Women)
GGG enjoy - if that's the right term - very bizarre or esoteric sex life
Gemini Links 30/09/2026: Accelerationism, "The Billionaire is Wrong", Rant About LLM-generated Support E-mails
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Tuesday, September 29, 2026
IRC logs for Tuesday, September 29, 2026