Bonum Certa Men Certa

The EPO’s Overseer/Overseen Collusion — Part VI: A Distinct Lack of Dutch Courage

Series parts:

  1. The EPO's Overseer/Overseen Collusion — Part I: Let the Sunshine In!
  2. The EPO’s Overseer/Overseen Collusion — Part II: A “Unanimous” Endorsement?
  3. The EPO’s Overseer/Overseen Collusion — Part III: Three Missing Votes
  4. The EPO’s Overseer/Overseen Collusion — Part IV: The Founding States
  5. The EPO’s Overseer/Overseen Collusion — Part V: Germany Says “Ja”
  6. YOU ARE HERE ☞ A Distinct Lack of Dutch Courage


Guus Broesterhuizen and his deputies Paul van Beukering and Derk-Jan de Groot
The Netherlands delegation: Guus Broesterhuizen and his deputies Paul van Beukering and Derk-Jan de Groot.



Summary: The "Strike Regulations" long protected by António Campinos (for more than 3 years) were supported by the Dutch delegation despite being unlawful; we take a look back at the people who made these illegal policies possible

We now turn to the delegation representing the EPO's second host state, the Kingdom of the Netherlands.



In June 2013 the Dutch delegation was headed by Guus Broesterhuizen, director of the Netherlands IPO.

"In June 2013 the Dutch delegation was headed by Guus Broesterhuizen, director of the Netherlands IPO."At the 136th Meeting of the Administrative Council, Broesterhuizen was accompanied by his deputy Paul van Beukering from the Ministry of Economic Affairs and his designated successor Derk-Jan de Groot, head of the Patent Division at the Netherlands IPO.

Given that the Dutch delegation developed a reputation for being openly critical of Benoît Battistelli's "reign of terror" at the EPO and his nefarious influence over the smaller contracting states, it's a bit surprising at first glance to see that they voted in favour of the "Strike Regulations" in June 2013.

The most likely explanation here is that this was due to the influence of the head of the delegation at the time, Guus Broesterhuizen.

Battistelli-and-Kongstad-in-the-Hague
Broesterhuizen (right) whooping it up with Battistelli and Kongstad in the Hague in 2010 [PDF] accompanied by Chris Buijink (left) from the Dutch Ministry of Economic Affairs.



Broesterhuizen was a member of the Council's "old guard". He was a longtime chairman of the Administrative Council's Budget and Finance Committee and he seems to have been "best buddies" with Battistelli and Kongstad.

"Broesterhuizen was a member of the Council's "old guard". He was a longtime chairman of the Administrative Council's Budget and Finance Committee and he seems to have been "best buddies" with Battistelli and Kongstad."For example, just after Battistelli had taken up his new post at the head of the EPO, Broesterhuizen organised an event to celebrate one hundred years of Dutch Patent Law where he played host to Battistelli and Kongstad. This event took place on the margins of the 125th meeting of the Council held in The Hague in October 2010. [PDF]

The key fact to be noted here is that the 136th meeting of the Council in June 2013 was Broesterhuizen's last EPO engagement before his retirement the following month. Back in those days, retiring Council delegates didn't normally go on to be appointed as EPO Vice-Presidents.

The minutes of the meeting record that "the Chairman [Kongstad] and the President [Battistelli], on behalf of the Council and the Office respectively, paid tribute to Guus Broesterhuizen, head of the Netherlands delegation and former chairman of the Budget and Finance Committee (June 2009 to June 2012), who was attending his final Council meeting before retirement, and wished him well for the future".

Kongstad's speech in honour of Broesterhuizen is annexed to the minutes.

"The key fact to be noted here is that the 136th meeting of the Council in June 2013 was Broesterhuizen's last EPO engagement before his retirement the following month."Broesterhuizen was succeeded as head of delegation by the new director of the Netherlands IPO, Derk-Jan de Groot. Paul van Beukering from the Ministry of Economic Affairs continues to serve as the deputy head of delegation.

The critical stance of the Dutch delegation towards Battistelli's France-Télécom-style excesses at the EPO is something which really only developed after Broesterhuizen's departure.

It should not be forgotten that back in June 2013 - the Netherlands was doing quite nicely from Battistelli's presidency.

Wim van der Eijk
Wim van der Eijk, the successful Dutch candidate for the position of Vice-President in charge of the Boards of Appeal was appointed to this position in 2011.



To begin with, back in November 2011, the Netherlands had succeeded in getting its candidate selected for one of the top EPO management positions when Wim Van der Eijk was appointed as Vice-President of the Boards of Appeal. [PDF]

EPO-New-Main-building-in-Rijswijk
Laying of the foundation stone for the EPO's New Main building in Rijswijk in June 2014. [PDF]
The tendering process was well under way by mid-2013.



In addition to this, the "New Main" building project in The Hague was in the pipeline.

"It should not be forgotten that back in June 2013 - the Netherlands was doing quite nicely from Battistelli's presidency."Although the foundation stone would not be laid for another year (on 25 June 2014), the tendering process [PDF] was well under way in mid-2013 and the contract would be eventually signed in September of that year. [PDF]

Battistelli-Dutch-Queen
Battistelli trots behind the Dutch Queen at the European Inventor Award ceremony in Amsterdam on 28 May 2013.



Finally, in 2013 the Netherlands was a beneficiary of Battistelli's European Inventor Award boondoggle which took place in Amsterdam [PDF] on 28 May, shortly before the 136th Meeting of the Administrative Council in June.

"The social conflict inside the EPO, although simmering in the background, had not yet boiled over into the public domain to any noticeable extent."So in June 2013 the Dutch delegation had much reason to be satisfied with the interim "results" of Battistelli's presidency and had no major grounds for complaint.

The social conflict inside the EPO, although simmering in the background, had not yet boiled over into the public domain to any noticeable extent.

The Dutch vote in favour of Battistelli's "Strike Regulations" at the 136th meeting of the Administrative Council in June 2013 seems to have been a final act of loyalty on the part of Broesterhuizen towards his old "buddies" Battistelli and Kongstad.

Broesterhuizen's little favour to his "buddies" subsequently contributed to a huge amount of political fallout in his home country.

"During the litigation procedure, the Gerechtshof den Haag (Appeal Court of The Hague) decided that breaches of fundamental rights by EPO management were so severe that they justified lifting the organisation's immunity from jurisdiction."The controversial "Strike Regulations" which Broesterhuizen helped to rubber-stamp in 2013 were one of a long litany of grievances which the EPO staff union SUEPO attempted to litigate before national courts in the Netherlands.

During the litigation procedure, the Gerechtshof den Haag (Appeal Court of The Hague) decided that breaches of fundamental rights by EPO management were so severe that they justified lifting the organisation's immunity from jurisdiction.

In a judgment delivered on 17 February 2015, the Appeal Court ordered the EPO [PDF] to rescind several amendments to the organisation's staff regulations, including undue restrictions on industrial actions imposed by the "Strike Regulations" of 2013.

"This judgment was a major source of public embarrassment to Battistelli."In addition to this, the EPO was ordered by the court to uphold the rule-of-law and social dialogue standards in line with the European Convention on Human Rights and ILO Conventions No. 87, on the right to organise in trade unions, and No. 98 on the right to collective bargaining. [PDF]

This judgment was a major source of public embarrassment to Battistelli. In a bizarre and absurdly comical "damage limitation" exercise, he got his senior management team to subscribe to a statement under the heading "No, the EPO is not violating fundamental human rights" (warning: epo.org link) which was published on the EPO's website on 18 March 2015.

In addition to Battistelli, the statement [PDF] was signed by EPO Vice-Presidents Guillaume Minnoye, Alberto Casado, Željko Topić and Raimund Lutz, the Principal Director of Human Resources Elodie Bergot, as well as Francisco del Pozo (Principal Director Finance), René Kraft (Chief Information Officer) and Aidan Kendrick (Principal Director Controlling Office).

"This long-drawn-out high-profile legal affair had revealed the serious and ongoing breaches of fundamental rights by EPO management and exposed them to the glare of public scrutiny."The Appeal Court judgment was a thorn in the flesh not only for Battistelli but also for the Dutch government because it set an uncomfortable precedent with respect to the limits of the "immunity" enjoyed by the large number of international organisations which are based in the Netherlands.

In the end the Dutch government joined forces with the EPO in support of an application for "cassation" of the Appeal Court judgment. Finally, on January 2017, the Dutch Supreme Court ruled that Dutch courts had no jurisdiction in the EPO dispute.

Although SUEPO ultimately lost the legal battle before the Dutch courts, it nevertheless won a significant moral victory. This long-drawn-out high-profile legal affair had revealed the serious and ongoing breaches of fundamental rights by EPO management and exposed them to the glare of public scrutiny.

The affair also seems to have played a significant role in convincing Broesterhuizen's successor on the EPO's Administrative Council, Derk-Jan de Groot, that Battistelli was not to be trusted.

"The finding of the Appeal Court to the effect that Battistelli's "Strike Regulations" were incompatible with international legal standards was ultimately vindicated by the ILOAT over six years later when the Tribunal struck down these manifestly unlawful measures on 7 July 2021."It's also important to realise that the ruling of the Dutch Supreme Court did not negate the material findings of the Appeal Court concerning breaches of fundamental rights by EPO management. It simply said that the Appeal Court should have refrained from adjudicating the matter and that it should not have decided to lift the EPO's immunity.

The finding of the Appeal Court to the effect that Battistelli's "Strike Regulations" were incompatible with international legal standards was ultimately vindicated by the ILOAT over six years later when the Tribunal struck down these manifestly unlawful measures on 7 July 2021.

By that time Broesterhuizen had long since sailed off into the sunset and was devoting his time and energy to various worthy activities, including as acting as a "Certified OCG Gateway reviewer" and a member of the notoriously dysfunctional EPO Internal Appeals Committee.

"In the next part we will take a look at the delegation representing the Netherlands' smaller neighbour, the Grand Duchy of Luxembourg."In addition to that, he acts as treasurer for the Leiden branch of the Dutch Red Cross and as a chairman of the board of Stichting govroam, an initiative similar to eduroam which aims to provide wireless/Wi-Fi roaming service for public services and governmental administrations.

As he enjoys his retirement in the Netherlands, Brotesterhuizen is probably not even aware of the damage which his actions as an Administrative Council delegate caused - both to the reputation of the EPO and to the legitimate interests of its staff.

In the next part we will take a look at the delegation representing the Netherlands' smaller neighbour, the Grand Duchy of Luxembourg.

Recent Techrights' Posts

Nobody is "Replaced by AI", It's Just a Smokescreen for Jobs Being Eliminated by Lack of Money (Too Much Debt) and Offshoring
It's also why many make the jokes about the "I" in "AI" being "India" or "Indians"
The US Government is Now in the Business (Literally!) of Saving Microsoft and Intel
This means that President TACO/Cheeto now has greater financial incentive to also prop up Microsoft and Windows
 
The UEFI Restricted Boot 'Time Bomb' is About to Go Off in a Few Weeks
Garrett was the first person to face sanctions (like muting) in our IRC channels because of his abuse; worse yet, he hijacked other people's names and then locked them out of their own accounts
Should Currys PCWorld Start Voiding Warranties of Users of Vista 11?
If a person's laptop has a mechanical issue, should this person replace GNU/Linux with Vista 11 for the repair shop? Only to damage the SSD?
Newer is Not Always Better, and It's Possible That 'Peak' is the Past
People creating their own platforms means progress, whereas centralisation (like moving from blogs to social control media) is the opposite of progress
LLM Hype is Sowing Destruction: It Contributes to DDoS Attacks and Makes the Web Less Accessible (JavaScript "R U Human?" Tests)
If it was googlebot, it would be possible to argue that you'd at least then get referral traffic from Google Search. With LLMs, all you get is plagiarised.
Links 24/08/2025: New York Times Talks About Hey Hi (AI) Bubble
Links for the day
Gemini Links 24/08/2025: Upgrading Debian and Mobile-indifferent Design
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Saturday, August 23, 2025
IRC logs for Saturday, August 23, 2025
Richard Stallman's Talk in Buenos Aires Scheduled for 16 November 2025 (a Month After FSF Turns 40)
they've just updated their site and Stallman is listed first
Men Who Abuse Women Should Never Spend Over 3 Years of the UK High Court's Time
This demonstrates that we need a reform in the UK
Slopwatch: Linux Journal, WebProNews, LinuxSecurity, and the Serial Slopper
The bubble needs to burst, but even then the Web will be left with residues of these slopfarms
Links 23/08/2025: Science, War, and Important Win for the British Media Against SLAPPers Who Abuse Women
Links for the day
Gemini Links 23/08/2025: BaseLibre Numerical System and Back to Oldschool
Links for the day
"Deserved Victory" for "Women That Suffered"
"GNM defended its reporting as being both true and in the public interest and in a judgment on Friday"
Links 23/08/2025: onmicrosoft.com as Spam Cannon, The Cheeto-Intel Deal Is Official
Links for the day
Wired Complained About LLM Slop Only Days Before It Got Caught Doing That Itself
Never throw stones in a glass house
IBM "Value" Down 14.16% in a Month, Red Hat Layoffs Allegedly Discussed 12 Days Ago
"IBM is a dinosaur. Dinosaurs get extinct when the don't keep up."
We're Seeing More Countries Where Windows Isn't Even in Second Place Anymore (Third or Worse)
In a way, Microsoft can barely even hold onto second place anymore
Microsoft Workers on Canonical's Payroll
If you want something that's sort of like Ubuntu but is not controlled by Canonical, then look into Linux Mint, Debian, or LMDE
GNU/Linux Climbs to 4% in Sierra Leone
Sierra Leone isn't a very rich country (to say the least), but it's better off than some of its neighbours
The SLAPPS Run Out of Oxygen Because They're Abuse of Process
At the end of the day we plan to publish over 1,000 articles explaining what happened
The Register MS Gets Paid by the Employer of the Previous Editor in Chief to Promote the "AI" Ponzi Scheme, Which Does Considerable Damage to the Web and to Online Journalists
The Register MS can 'badmouth' slop all it wants; it gets paid to inflate this bubble. It's actively participating in it.
Soon It'll be Autumn, Time to Repair Things
Where they don't charge an arm and a leg
Doing Our Best to Cover Software Patents When the Mainstream Media Does Not
Even the FSF has its limits
Gemini Links 23/08/2025: August Questions and Network Solutions
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Friday, August 22, 2025
IRC logs for Friday, August 22, 2025
Microsoft Has Issues in Guyana
It's not just Guyana
About 25% of the "Linux" News/Results in Google News Today Are LLM Slop, Almost 20% From the Same Rogue Operators of Slopfarms
Google, which tries to market itself as an LLM giant, apparently fails to understand what's wrong with it
Harassing People on Holiday
There are "no-go areas"; but that assumes all laws firms have ethical standards
The Great, Undeniable Value of Paper Trail, Not Purely Digital Systems
Suppose you have nothing but bits on someone else's computer and "word of mouth"...
The Company Behind Ars Technica, Reddit and Wired Caught Publishing LLM Slop (It Also Admits It Now)
Condé Nast busted
Links 22/08/2025: Lagrange 1.18.8, Wired Magazine and Business Insider Caught Resorting to LLM Slop
Links for the day
This Saturday It's Gonna be 3.5 Years* Since Russia Invaded Ukraine. No Microsoft Protests Against Microsoft Having Provided Russia With Services.
Companies do not have consistent policies and enforcement of "corporate values" is somewhat of an egg salad
Slopwatch: Sites Gone Rogue, Google Promoting Lies, and DDoS Attacks by Plagiarism Giants
Charlatans and frauds engage in a war against artistic industries, mislabeling plagiarism as "AI"
Links 22/08/2025: Cisco Layoffs, LA Times Says "AI Hype is Fading Fast"
Links for the day
Gemini Links 22/08/2025: K for Kentucky and Caddy Versus LLM Slopbots
Links for the day
The "End Software Patents" Initiative of the FSF Explains "WHY [to] ABOLISH SOFTWARE PATENTS"
We hope to cover patent-related issues more and more as the big anniversary of the FSF approaches
Freenode Sniffing
The grown-ups left the building
The Only Thing Worse Than Misinformation is Misinformation Sold to Everyone as "Intelligence"
Misplaced trust is worse than none at all
The Register MS Now Openly Admits LLM Hype Does Damage, But It's Also Being Paid to Participate in the LLM Hype (With Paid 'Articles' and 'Webcasts' for Paying Advertisers)
The Register MS gets paid to do this
End of the Smartphone Era? No.
Maybe the media should focus on producing accurate, factual news
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Thursday, August 21, 2025
IRC logs for Thursday, August 21, 2025
Enshittification of Airports, Airlines, and Airplanes
If people are willing to tolerate standard declines and enshittification (nowadays sold as "pivot to AI" or "replaced by AI" or "AI layoffs") they will pay for it some other way
Latest Is Not Greatest: The Case of "Foldable" Tech
don't be shamed into abandoning old things just because the "fashion industry" of Apple and Samsung tells you to
Airlines and Their Tricks That Only Work in the 'Digital Age'
People sceptical of the direction technology has taken are not "Luddites"
Open Source Initiative (OSI), Which Became a Propaganda Front of Microsoft and "Hey Hi" (Hype, Misnomer), Wants You to Forget These Scandals
A lot of these issues won't be set aside until there's a resolution