Bonum Certa Men Certa

EPOLeaks on Misleading the Bundestag -- Part 14: The Notorious Revolving Door

Series index:

  1. The EPO Bundestagate -- Part 1: How the Bundestag Was (and Continues to be) Misled About EPO Affairs
  2. The EPO Bundestagate -- Part 2: Lack of Parliamentary Oversight, Many Questions and Few Answers…
  3. The EPO Bundestagate -- Part 3: A “Minor Interpellation” in the German Bundestag
  4. The EPO Bundestagate -- Part 4: Parroting the GDPR-Compliance Myth
  5. The EPO Bundestagate -- Part 5: The Federal Eagle's Disconcerting Metamorphosis
  6. EPOLeaks on Misleading the Bundestag -- Part 6: Dr Petri Starts the Ball Rolling…
  7. EPOLeaks on Misleading the Bundestag -- Part 7: Ms Voßhoff Alerts the Bundestag…
  8. EPOLeaks on Misleading the Bundestag -- Part 8: The EPO's Tweedledum, Raimund Lutz
  9. EPOLeaks on Misleading the Bundestag -- Part 9: A Veritable Virtuoso of Legal Sophistry
  10. EPOLeaks on Misleading the Bundestag -- Part 10: A Faithful Lapdog Despised and Reviled by EPO Staff
  11. EPOLeaks on Misleading the Bundestag — Appendix (Benoît Battistelli's Vichy Syndrome): Georges Henri Léon Battistelli and Charles Robert Battistelli
  12. EPOLeaks on Misleading the Bundestag -- Part 11: The BMJV's Tweedledee: Dr Christoph Ernst
  13. EPOLeaks on Misleading the Bundestag -- Part 12: A Worthy Successor to His Mentor?
  14. EPOLeaks on Misleading the Bundestag -- Part 13: The Failed Promise of a “Good Governance” Guru…
  15. You are here ☞ The Notorious Revolving Door


A revolving door
Christoph Ernst is one of the many beneficiaries of EPO's notorious revolving door arrangement.



Summary: The Benoît Battistelli-António Campinos shuffle left some people in the EPO's upper management better off; they're being rewarded for complicity, so there's no incentive to do the right thing but to do the wrong thing

Like his mentor Raimund Lutz, Christoph Ernst is a beneficiary of the well-known - not to say notorious - revolving door arrangement between the Administrative Council and the senior management of the European Patent Office.



"The conflicts of interest which can arise as a result of this set-up became very clear in the case of Battistelli who was elected as Chairman of the Council for a three-year term starting in March 2009."It has often been argued by EPO insiders and others that this arrangement is detrimental to the governance of the organisation and that it significantly weakens the Council's exercise of its supervisory authority over the Office.

The conflicts of interest which can arise as a result of this set-up became very clear in the case of Battistelli who was elected as Chairman of the Council for a three-year term starting in March 2009.

Battistelli had hardly taken up this position when he decided that he wanted to be President of the Office after Alison Brimelow announced in May 2009 that she would not be seeking an extension of her appointment (due to expire at the end of June 2010).

The records of the Council show that, in June 2009, Battistelli was responsible for drafting the document which set out the details of the vacancy notice for the position of EPO President and the election procedure to be followed.

This document (CA/103/09) included the "candidate profile" and requested that all applications be sent directly to Battistelli in his capacity as Council Chairman - despite the fact that he was planning to enter the running along with the other contenders, including the "alpha males" of the Council, Roland Grossenbacher and Jesper Kongstad.

"The records of the Council show that, in June 2009, Battistelli was responsible for drafting the document which set out the details of the vacancy notice for the position of EPO President and the election procedure to be followed."Battistelli's conduct in this regard gave rise to a long and heated discussion during the marathon three-day 118th meeting of the Council held in Munich from 23 to 25 June 2009. Some minutes/extracts are archived here [PDF].

There were outraged protests from various quarters, including the Austrian delegation which announced that it was "perplexed that [the election procedure document] CA/103/09 had been drawn up by a potential candidate for the presidency".

The Austrian delegation called for the Council to put on record that if its Chairman (Battistelli) and deputy Chairman (Kongstad) became candidates they could not perform their duties, not only for the actual election but for all agenda items at all meetings until the election was over.

In the end, the election procedure document drafted by Battistelli had to be revised twice - a first revision on 24 June followed by a second revision the next day - and the Council compelled Battistelli to step aside as its Chairman, at least until the election procedure was concluded.

After the selection of an interim Chairman - the head of the Spanish delegation, Alberto Casado Cerviño - a protracted election procedure involving several rounds of voting took place.

"In the end, the election procedure document drafted by Battistelli had to be revised twice - a first revision on 24 June followed by a second revision the next day - and the Council compelled Battistelli to step aside as its Chairman, at least until the election procedure was concluded."In March 2010, after much intransparent backroom wheeling and dealing, Battistelli finally managed to secure the requisite three-quarters majority of Council delegates.

This was despite the fact that, at the time in question, he held elected public office in France as a municipal councillor and deputy mayor for culture, and was actively affiliated to a political party, namely "Les Républicains".

It is recalled that at the time in question, this political party was led by Nicolas Sarkozy who in March of this year became the first former French President to receive a custodial sentence for corruption. Sarkozy is reputed to have strongly supported Battistelli's campaign to become President of the EPO.

Battistelli's holding of elected public office on a party ticket should have automatically disqualified him from being appointed to a senior managerial position in an international organisation.

But the Administrative Council remained oblivious to this unmistakable conflict of interest.

A conflict of interest
The Administrative Council appears to have difficulties recognising conflicts of interest.



Once Battistelli had secured the top job in the Office administration for himself, he proceeded to co-opt into his management team no less than three other members of the Council who had supported his candidature:

● Alberto Casado Cerviño, head of the Spanish delegation, who became VP1; ● Raimund Lutz, head of the German delegation, who became VP5; ● Željko Topić, head of the Croatian delegation, who became VP4.

At the same time, it is alleged by EPO insiders that Battistelli cemented his control over his successor as Council Chair, Jesper Kongstad. He reputedly did this by getting his HR dompteuse, Elodie Bergot, to place Kongstad on the Office payroll with a tax-free five-digit monthly salary equivalent to that of an EPO Principal Director.

A conflict of interest silo
The governance structures of the EPO create a situation with a huge potential for conflicts of interest.



As can be seen, the governance structures of the EPO together with the established practices of the Administrative Council create a very precarious situation in which there is a huge potential for unresolved conflicts of interest.

EPO bribes
The Council risks becoming overly preoccupied with divvying up the spoils.



The biggest risk here is that the Council as a whole may become so preoccupied with divvying up the spoils that ignores its statutory duty to attend to the proper governance of the organisation.

"It is abundantly clear that the existence of a revolving door arrangement between the Council and the upper ranks of the Office management creates a situation which is not at all conducive to "good governance"."In addition to this, individual Council delegates who set their eyes on one of the available senior management positions in the Office administration run the risk of allowing their decision-making to become unduly influenced by their own personal ambitions. If this happens, it is likely that they will fail to exercise their role as members of the supervisory body in an appropriately objective manner.

As can be seen from the case of Christoph Ernst, the potential for such conflicts of interest is likely to be particularly acute when it comes to the Council Chair who is supposed to direct the meetings of the Council in a neutral and impartial manner and in the interests of the organisation as a whole.

It is abundantly clear that the existence of a revolving door arrangement between the Council and the upper ranks of the Office management creates a situation which is not at all conducive to "good governance".

The problems inherent in the existing institutional structures and practices are aggravated by the lack of any effective system of checks and balances to safeguard against abuses.

The decision to set-up an Audit Committee in 2009 was a first step towards tackling these issues.

However, the Audit Committee which was established by the Council under the Chairmanship of Battistelli in March 2009, vanished from the face of the earth in 2011.

"Moreover, by agreeing to Battistelli’s misguided proposal to disband the Audit Committee, the Council left itself bereft of any independent source of advice and information."As is well known, the disbanding of the Audit Committee took place on foot of a proposal submitted by the very same Battistelli who, in the meantime, had managed to reinvent himself as the President of the Office and liege lord of the Administrative Council.

Moreover, by agreeing to Battistelli's misguided proposal to disband the Audit Committee, the Council left itself bereft of any independent source of advice and information.

The highly detrimental consequences of the Council's supine compliance with Battistelli's machinations in this regard are plain to see - at least for all those who are not inclined to turn a blind eye to them.

In the next part we will conclude our review of Christoph Ernst's disappointing track record in the area of EPO governance and indulge in a little speculation about how someone with more integrity and backbone might have ended up as head of the German delegation during the Battistelli era.

For the record, here's IAM's puff piece about the new EPO President [PDF]. No criticism of course, as the EPO pays IAM through PR firms and the reciprocity complicity is seemingly endless.

IAM on new EPO President

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)
IBM Eliminating Over 20,000 IBM Workers by Year's End, Insiders Claim
the layoffs are silent
 
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
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
Identi.ca is Practically Dead, Just Like All Social Control Media (Eventually)
All Social Control Media is a waste of time
Gemini Links 02/09/2026: Intentions, Publishing on Workstations, and Connectivity Standards Alliance (CSA)
Links for the day
GNU/Linux Reaches 6% in Nepal
Today I checked GNU/Linux in Nepal again
SLAPP Censorship - Part 169 Out of 200: Calling People "Nazis"
'Cancel culture' in action
GNU Turns 43 This Month, GNU/Linux Turns 35 Next Year
It seems like no area of computing has not been impacted by the GNU/Linux revolution
Uber Debt Grew 2.5 Billion Dollars in 3 Months, Company Lays Off at Least 10% of Workforce
The media repeats the "official" numbers
Links 02/09/2026: The Machine Stops, AuraSearch, and DOOM 1/2
Links for the day
1-1 Meetings at IBM This Week, PIPs Expected, Maybe RAs Too
As usual, we invite whistleblowers to tell us what's going on
Links 02/09/2026: Germany Blames Russia for Leipzig Airport Drone Attack and China Gains Power as US Faces Humiliation in the Midst of Presidential Cover-up
Links for the day
Quit Talking About "AI Layoffs" and Talk About How Chatbots and Other Bots Broke Recruitment Processes by Cheating
Bots talking to other bots isn't HR; it's a catastrophe
It's Inevitable Anyway, So...
of course blame Chinese Communists for the "anti-AI" messages
Robotics Isn't "Hey Hi", Robotics Isn't New Either
Is the official Arduino blog becoming shilling platform for Qualcomm's "hey hi" [so-called 'intelligent'] chips?
Giving 'Free Publicity' to the People You Hate and Attack
Be careful what you wish for in social control media
Today We'll Focus on Growth of GNU/Linux
We've meanwhile noticed that Clownflare statistics for north American nations show 19% of requests (CDN) originating from GNU/Linux
IBM Secret (or Silent) Layoffs in September 2026
We need whistleblowers
Gemini Links 02/09/2026: GAFAM's E-mail Cartel, ROOPHLOCH 2026, and Homeworlds
Links for the day
Not Only Microsoft and IBM Hide Layoffs (Secret Layoffs) and Fail to Follow the Law (or Bypass It)
Microsoft's tactics are not so unique
People Who Participate in the Slop Plagiarism Pyramid Scheme and the Moral Dilemma (What's Acceptable for a Salary?)
giant pyramid scheme
State of the Slop, Linux Edition
Whether slop about "linux" becomes rarer by the end of this year, well... time will tell
Links 02/09/2026: 'Open' 'AI' (Proprietary Slop Plagiarism) Destroying Evidence, "Data Center Backlash Has Officially Rattled Scam Altman"
Links for the day
Andrew Lee Has Turned Freenode Into a Slopfarm (Because Who Needs IRC Anyway?)
The site is churning out slop all day long
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Tuesday, September 01, 2026
IRC logs for Tuesday, September 01, 2026