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

Creditors beware: VMS Enterprises Ltd vs Brexit Party (Reform UK Party Ltd)
Reprinted with permission from Daniel Pocock
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
 
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
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
Black Brit on "Pictures Comparing Me to a Monkey" Because of Brett Wilson LLP Client
"Like Firm, Like Clients..."
President of the EPO Should be Kicked Out, Not Have His Term Terminated in 2028
The President is facing more scandals soon
David Gordon at The Register MS Keeps Feeding the Pyramid Scheme With Fake Articles That Say "AI" Dozens of Times
How can such a publisher still be taken seriously?
The Local Staff Committee The Hague (LSCTH) at the EPO Explains the Working Conditions and Crisis of Plunder (Less for Workers, a Lot More for Dictators Who Refuse to Leave Leadership Roles)
Next week will be epic
EPO Will Stop Working for 10 Days to Protest Against 'Cocaine King' and His Assault on Democracy, Lawfulness, Transfer of Power at EPO
Strikes, work stoppage, all rolled onto one
IBM Brings Avalanche to Red Hat October 1st 2026 (Thursday)
IBM is turning up the heat on staff
Links 29/09/2026: Mass Layoffs at Microsoft and Backlash Over Data Center Policy of Microsoft
Links for the day
Techrights is International
There are many sites that focus on local communities or nations. We're not one of those sites.
5 Years Ago (September 29, 2021) Richard Stallman's Talk in Ukraine Noted
Let's hope the war will end soon
Links 29/09/2026: Acceleration, Morale, and ROOPHLOCH 2026
Links for the day
Links 29/09/2026: "Scam Altman Is Driving Drunk" and Anthropic Lies About Slop Usage
Links for the day
Brigading Against Women - Part X - When Actions of American Men Are Not Judged by Other American Men
"There is not the slightest suggestion that either Dr or Mrs Schestowitz did anything to invite or deserve it. They are both clearly and justifiably angered, dismayed, distressed and hurt by it."
European Patent Office (EPO) Series: A Source of Pride for Portugal?
In this part our focus returns to the main theme of this series, namely the current reappointment campaign of the EPO President, as we consider whether Campinos can still expect to enjoy the same level of support from the Portuguese political establishment as he did during the earlier stages of his career
Computers Freeze Because of UEFI Restricted Boot
damage is also done to computers running Windows
It is Very Expensive to Slow Down Techrights
Garrett's expensive hearing (costing the British taxpayers about 120,000 pounds; he doesn't live here and does not pay tax here) slowed us down for a few days, but we've picked up the pace since
Linux Has Conquered Mobile, But Desktops and Laptops Matter More
When people say the desktop "doesn't matter" they seem to be missing the point that workplaces use desktops (or laptops) and a lot of the work gets done not on skinnerboxes but "workstations" or terminals
Brigading Against Women - Part IX - "What Are You, a Racist?"
Because behind every strong man is a strong opinion?
Gemini Links 29/09/2026: "Digital Sabbath", Starting a GemCapsule, and Sterrenkijker 1.1.0
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Monday, September 28, 2026
IRC logs for Monday, September 28, 2026