Bonum Certa Men Certa

Over 1,000 EPO Workers Initiate Legal Challenge Against the EPO's Attack on Salaries (in Defiance of Assurances Made to Workers Who Relocate to Another Country With Whole Families)

EPO open letter



Summary: The EPO's attack on workers and pensioners isn't going ahead without challenge; while the "Mafia" (what EPO workers call the management) loots the organisation it takes away money from the workers -- i.e. from besieged folks who do all the work and face growing workloads during a pandemic

THE Salary Adjustment Procedure (SAP) is a misnomer or a euphemism for crackdown on patent examiners past and present. The crackdown started with Benoît Battistelli, who in effect began looting the institution. Systematically, undeterred. Nobody holds them accountable for it!



50 Euro"It is hardly surprising that many colleagues and pensioners (at least 1.200 requesters) are now taking legal action against the new Salary Adjustment Procedure," the Central Staff Committee (CSC) of the EPO wrote this month. "We understand from a President’s [António Campinos] letter of 25 March that he intends to reject the requests for review and he is already planning the next step of requesting a test-case procedure at the internal Appeals Committee. In this reply to his letter, we explain why we are currently reluctant to recommend to staff to identify test appellants. However, we are interested in contributing to the proper administration of justice. We would therefore be willing to support a bona fide proposal to the AC leading to a decision that the result of the litigation on the salary adjustment procedure will be applied to all employees and former employees of the EPO as well as their successors in title."

We're reproducing the full letter below:

European Patent Office | 80298 MUNICH | GERMANY

Mr António Campinos President of the EPO

ISAR – Room 1081

OPEN LETTER

Reference: sc21044cl Date: 01.04.2020

Your letter of 25 March 2021 – Legal proceedings on the Salary Adjustment Procedure

Dear Mr Campinos,

The Central Staff Committee (CSC) regrets that you submitted a proposal for a new salary adjustment procedure (CA/19/20) to the Administrative Council (AC) that had not found the consent of the CSC. Although a manageable number of test appellants lodged requests for reviews inter alia against the flawed consultation process on your proposal and against the resulting freeze of salaries and pensions in the second half of 2020, you still decided to submit an adjustment with effect from 1 January 2021 of salaries (CA/66/20) to the AC.

The resulting salaries and pensions are in breach of basic legal principles, such as equal treatment at different places of employment. It is easy to understand1 that the current salary scales do not reflect the coefficients of purchasing power parity in Table 6 attached to the AC decision CA/D 9/20. Furthermore, pensioners are excluded from a periodical settlement and a pay-out of a lump sum after a three-year period, in contradiction to Article 33(2)(c) EPC.

It should therefore not be surprising that many colleagues and pensioners are now taking legal action. The CSC understands from your letter that you intend to reject the requests for review and are already planning the next step of requesting a test-case procedure at the internal Appeals Committee.

The CSC has been open ever since for an agreement on its locus standi so as to

______ 1 Employees looking up their basic salary in the table for Belgium (Table 1 attached to CA/D 9/20) and multiplying this value with the coefficient of purchasing power parity for their place of employment (Table 5) will observe a higher salary than on their salary slip (or in Tables 2 to 4).




have an efficient and functioning system for the settlement of disputes. Therefore, overloading the system should definitely be avoided.

You mention in your letter that the Office is willing to apply the final outcome of the legal proceedings regarding the new salary adjustment procedure “to all staff provided they are in the same situation, in fact and law”. The CSC regrets that the wording is even more restrictive than Article 13 of the Rules of the Administrative Tribunal of the ILO allowing an intervention in a complaint if a requestor is “in a situation in fact and in law similar to that of the complainant”. (Emphasis was added to both quotes.) Furthermore, the CSC took note that you recently followed in your negative decision on the NCS for colleagues in the A4(2) grade an opinion of the Appeals Committee reading inter alia that “statements of the President ... were not, however, considered to constitute an enforceable and substantive promise made”.

Finally, the CSC cannot see a category of employees or pensioners to whom the final outcome of the legal proceedings would not apply.

In view of the above, the CSC is currently reluctant to recommend to staff to identify test appellants. However, the CSC is interested in contributing to the good administration of justice. The CSC would therefore be willing to support a bona fide proposal to the AC leading to a decision that the result of the litigation on the salary adjustment procedure will be applied to all employees and former employees of the EPO as well as their successors in title.

The CSC would further appreciate if you could exempt the staff from the obligation to exhaust the internal means of appeal by authorising them to challenge a decision directly before the Administrative Tribunal of the ILO2.

Yours sincerely,

Alain Dumont Chairman of the Central Staff Committee

______ 2 Such an approach permitted a swift access to court for the employees of the ILO, IOM, ITU, WHO and WIPO, who successfully challenged the adjustment of their salaries in 2018 and who received the Judgments Nos. 4134–4138 already one year later.


Whether speaking rationally to a kakistocracy that shamlessly lies to everyone is going to yield any results... well, that remains to be seen. But at least they make their case clear.

Recent Techrights' Posts

Leaving the United States 3 Years Ago Was the Best Decision We Made
A lot of stuff is being consolidated
BillBC (BBC) Covered Up Pedophilia, Now It's Covering Up for Its Sponsor Bill Gates by Reprinting His Lies, Which His Own Wife Disputes
Is Bill Gates having orgies (group sex)?
How to Identify Demonisation or Dehumanisation Tactics Against Interesting Figures or Luminaries in Free Software
Rather than in general or generally in technology
We Should Learn From Bulgaria
Why can't European companies and government recognise and react to a threat (when they see one)?
Canonical: Ubuntu is GAFAM (US), We're Resellers of American Proprietary Software
They want people to pay for a licence
 
Certificate Authority Let's Encrypt Used to be Widely Used in Geminispace, Now It's Down to Just 0.2% of the Whole
Let's Encrypt is not your friend
What IBM Does Is Clearly Illegal in the US: Tying Severance Packages to NDAs (Non-Disparagement Agreement/Clause)
The NDAs make things worse; they keep people isolated and silent
Microsoft's Giant Snowball of Layoffs and PIPs (in 2026)
They would delay until March or April if they wanted to, but then we can expect numbers exceeding 10,000 layoffs (Microsoft always low-balls the real figure/s)
Mozilla Turned Firefox Into Shovelware, Adding 'Kill Switch' for Slop Still Means Mozilla is Participating in a Pyramid Scheme, Plagiarism, Grifting
Mozilla is still a slop pusher
Links 04/02/2026: "Laws of Succession" and Microsoft's VS Code as Code-Stealing Malware
Links for the day
Phoronix Swims With the Real Trolls, People Who Fancy Proprietary Software and Back Doors
If Larabel begins to actively participate in provocation with the "Microsoft GitHub fans club", what does this tell us about Phoronix?
They Know Microsoft Layoffs Are About to Hit Them Hard
The gaming division at Microsoft is a complete catastrophe, lots of money (debt) down the drain [...] Buying Activision was all about misleading shareholders or hiding the deep trouble/problems XBox was having
Red Hat is Not a Linux Company, It's IBM's Ponzi Scheme Enabler
Had we still been stuck in 2021, perhaps IBM would plaster "NFT" or "metaverse" all over RedHat.com
Keep Grinding
"Don't let the bastards grind you down"
Mobbing at the European Patent Office (EPO) - Part III - Who's Going to Pay for the EPO's Corruption? (Aside From European Citizens)
Some people inside the EPO reached out to us
"Investors Are Concerned About an AI Bubble" (That GAFAM and IBM Ride)
A few decades from now IBM will only be remembered in the same sense many so-called 'AI' companies will be remembered
EPO Staff Union: "Very High Strike Participation on Friday 30 January", Another Strike Starts 19 Days From Now
EPO management in a bit of a panic
Censorship/Free Speech and Social Control Media
It's important to have a grasp of how contemporary censorship works and how to tackle it
Google News as Slop Booster
this is what Google links to
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Tuesday, February 03, 2026
IRC logs for Tuesday, February 03, 2026
Gemini Links 04/02/2026: "Raspberry Pi Relaxes the Rules for Its RP2040 Hacking Challenge" and "Long Web Society"
Links for the day
IBM Falls by Over 10%
a recipe for disasters like accounting fraud
Links 03/02/2026: Windows Copies GNU/Linux, Windows TCO Shown Again
Links for the day
Gemini Links 03/02/2026: Alhena Turns One, Slop Rejected, and Max Roy Carrouges Recalled
Links for the day
Dr. Andy Farnell on Why and How European Authorities Can Adopt Free Software, Parenting in the Age of Digital Abundance
Will Europe use technology that Europe controls (not the hegemon), for a change?
Seems Like IBM Trolls Use Chatbots to Vandalise Platform That Discusses IBM's Secret Layoffs, Forever Layoffs
Not for the first time either
You Know Your Company is Dead or Basically a Pyramid Scheme When Jim Cramer Keeps Promoting Its Stock
How much does IBM pay for "puff pieces" or "fluff" about QC?
Red Hat (Under IBM) Works for Microsoft (Proprietary Software) and Slop
Yesterday Red Hat's official site, redhat.com, published exactly 5 new blog posts
IBM is Dying (More Layoffs), Red Hat Will Continue to Suffer From the Acquisition
Financial engineering
Colombia Adopting GNU/Linux Even Faster (at Microsoft's and Apple's Expense)
Do politics play any role in this?
An Effort to Tackle Slavery in 'Open Source' Clothing
"a civil rights lawsuit to examine the concerns of censored developers in the free, open source software ecosystem"
$15 billion lawsuit: Ubuntu, Google & Debian crowdfunding campaign launch
Reprinted with permission from Daniel Pocock
The Solicitors Regulation Authority (SRA) Delusion - Part II - Why We Need to Expose the SRA to More Daylight, Public Scrutiny
SRA is neither effective nor regulated
Links 03/02/2026: "Distraction is a Sin" and Fake "Encryption" (Surveillance With Good Marketing)
Links for the day
400-Page US Federal Court Against Abuses by Google, Microsoft and Front Groups That Abuse Volunteers for American Corporations
There are 386 pages in total (in the US claim)
Corporate Influence Never Impacted Us
There's no reason to assume we'll ever "sell out"
Growth of GNU/Linux in Cuba
Right now a lot of the world drafts or already implements a GAFAM exit plan
A Day After EPO Strikes an Escalation to Heads of Delegations to the Administrative Council
They rely on the European media playing along, helping them to hide major blunders, even crimes
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Monday, February 02, 2026
IRC logs for Monday, February 02, 2026
Gemini Links 03/02/2026: Stargazing, Development Boards, and Tcl/Tk Slop
Links for the day
Microsoft Lost 20% of Its Money in the Past 6 Months
Microsoft is hiding what's really happening while mocking critics
Great News, IBM 'Gained' Almost 10% in "Goodwill" Value After Firing Tens of Thousands in 2025
"goodwill" will be inflated despite IBM staff getting sick of IBM
Americans Move to GNU/Linux
some of the biggest American populations
I Still Like Drawing and Various Other Arts (They Help My Activism and Journalism), Slop is an Enemy of Creative People
Recognise that slop isn't intelligence; it's a generational excuse for plagiarism and privatisation of not only the Commons but also proprietary knowledge (without authorisation)
Carmen-Lisandrette Maris (Mission:Libre) Explains to Adolescents and Young Adults How Free Software Improves Privacy
Based on what we've seen and read, Mission:Libre has a solid grasp of Software Freedom
Chatbots Didn't Do Any Good for Microsoft
Google "AI" = search + copypasta
Links 02/02/2026: Cultural Cleansing by China and 'Living Behind Firewalls" in Iran
Links for the day
GNU/Linux Measured at More Than 4% in Russia
growing adoption of GNU/Linux in Russia
Gemini Links 02/02/2026: Stages of Age, Workflows, and Counting Capsules
Links for the day
Oracle's Debt Rose Over 20 Billion Dollars in Just 3 Months
Is "hey hi" becoming a synonym for debt?
Oligarchs' 'Speech Zones' Are Not the "Public Square"
The apologists of social control media, including press that got "addicted" to such fake "media", are helping dictators and oligarchs grab the public attention away from the real press
IBM Misleads and Gaslights Investors With Slop Sold as "AI" (the Business is Waning, Mass Layoffs Continue)
People who do this are dishonest. They should not be put in charge.
Links 02/02/2026: 'Melania' a Horror Movie "Will They Inherit Our Blogs?"
Links for the day
Doing More Detailed Series (Long-Form Works)
Long readings or book-like reading binges are only possible when parts are suitably labeled (name and numbers) if not interlinked
Mobbing at the European Patent Office (EPO) - Part II - Racism, Cocaine Use and White-Collar Corruption
When you hire people illegally, to work for cocaine users and keep quite about the cocaine use, what will be the impact on the reputation of an institution?
A Can of WORMS - Part II - Darkening the Name of RMS, Associating It With Crime
Beware projection tactics
Submit Your Suggestions for EU's Embrace of Software Freedom by Tomorrow
Time to leave GAFAM (US) hegemony behind
Slopless Weekend
This is not sustainable
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Sunday, February 01, 2026
IRC logs for Sunday, February 01, 2026