Bonum Certa Men Certa

The EPO’s Overseer/Overseen Collusion — Part XLVIII: The Unkindest Cut of All

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. The EPO’s Overseer/Overseen Collusion — Part VI: A Distinct Lack of Dutch Courage
  7. The EPO’s Overseer/Overseen Collusion — Part VII: Luxembourgish Laxity
  8. The EPO’s Overseer/Overseen Collusion — Part VIII: Perfidious Albion and Pusillanimous Hibernia
  9. The EPO’s Overseer/Overseen Collusion — Part IX: More Holes Than Swiss Cheese
  10. The EPO’s Overseer/Overseen Collusion — Part X: Introducing the Controversial Christian Bock
  11. The EPO’s Overseer/Overseen Collusion — Part XI: “General Bock” - Battistelli's Swiss Apprentice?
  12. The EPO’s Overseer/Overseen Collusion — Part XII: The French Connection
  13. The EPO’s Overseer/Overseen Collusion — Part XIII: Battistelli's Iberian Facilitators - Spain
  14. The EPO’s Overseer/Overseen Collusion — Part XIV: Battistelli's Iberian Facilitators - Portugal
  15. The EPO’s Overseer/Overseen Collusion — Part XV: Et Tu Felix Austria…
  16. The EPO’s Overseer/Overseen Collusion — Part XVI: The Demise of the Austrian Double-Dipper
  17. The EPO’s Overseer/Overseen Collusion — Part XVII: The Non-Monolithic Nordic Bloc
  18. The EPO’s Overseer/Overseen Collusion — Part XVIII: Helsinki's Accord
  19. The EPO’s Overseer/Overseen Collusion — Part IXX: The Baltic States
  20. The EPO’s Overseer/Overseen Collusion — Part XX: The Visegrád Group
  21. The EPO’s Overseer/Overseen Collusion — Part XXI: The Balkan League – The Doyen and His “Protégée”
  22. The EPO’s Overseer/Overseen Collusion — Part XXII: The Balkan League - North Macedonia and Albania
  23. The EPO’s Overseer/Overseen Collusion — Part XXIII: The Balkan League - Bulgaria
  24. The EPO’s Overseer/Overseen Collusion — Part XXIV: The Balkan League - Romania
  25. The EPO’s Overseer/Overseen Collusion — Part XXV: The Balkan League - Fresh Blood or Same Old, Same Old?
  26. The EPO’s Overseer/Overseen Collusion — Part XXVI: A Trojan Horse on the Budget and Finance Committee
  27. The EPO’s Overseer/Overseen Collusion — Part XXVII: Cypriot Complicity
  28. The EPO’s Overseer/Overseen Collusion — Part XXVIII: Benoît and António's Loyal “Habibi”
  29. The EPO’s Overseer/Overseen Collusion — Part IXXX: The EPOnian Micro-States - Monaco and Malta
  30. The EPO’s Overseer/Overseen Collusion — Part XXX: San Marino and the Perfidious Betrayal of Liberty
  31. The EPO’s Overseer/Overseen Collusion — Part XXXI: The Abstentionists
  32. The EPO’s Overseer/Overseen Collusion — Part XXXII: “Plucky Little Belgium”?
  33. The EPO’s Overseer/Overseen Collusion — Part XXXIII: Swedish Scepticism
  34. The EPO’s Overseer/Overseen Collusion — Part XXXIV: An “Extremely Dubious” Proposal
  35. The EPO’s Overseer/Overseen Collusion — Part XXXV: Slovakian Scruples
  36. The EPO’s Overseer/Overseen Collusion — Part XXXVI: Serbian Sour Grapes
  37. The EPO’s Overseer/Overseen Collusion — Part XXXVII: Stubbornly Independent Slovenia
  38. The EPO’s Overseer/Overseen Collusion — Part XXXVIII: Ensnared in the Tentacles of the SAZAS Octopus
  39. The EPO’s Overseer/Overseen Collusion — Part XXXIX: On the Slippery Slope to Capture
  40. The EPO’s Overseer/Overseen Collusion — Part XXXX: The Idiosyncratic Italians
  41. The EPO’s Overseer/Overseen Collusion — Part XXXXI: Public Service or Self-Service?
  42. The EPO’s Overseer/Overseen Collusion — Part XXXXII: A Parcel of Rogues?
  43. The EPO’s Overseer/Overseen Collusion — Part XXXXIII: A Legal No-Man's Land
  44. The EPO’s Overseer/Overseen Collusion — Part XXXXIV: Immunity = Impunity?
  45. The EPO’s Overseer/Overseen Collusion — Part XXXXV: In the Shadow of “Waite and Kennedy”
  46. The EPO’s Overseer/Overseen Collusion — Part XXXXVI: An Erosion of Fundamental Rights Protection?
  47. The EPO’s Overseer/Overseen Collusion — Part XLVII: Institutionalised Injustice at the EPO?
  48. YOU ARE HERE ☞ The Unkindest Cut of All


Baron Montesquieu quote
What would Baron Montesquieu have made of the EPO's internal appeals committee and its shameful endorsement of Battistelli's "Strike Regulations" in May 2019?



Summary: Benoît Battistelli's unlawful "Strike Regulations" (restricting basic rights of EPO staff) were boosted by the kangaroo courts of António Campinos, who continued to exploit these unlawful rules for 3 years

In the last part we saw how ILOAT Judgments Nos. 3694 and 3785 exposed serious deficiencies in the EPO's internal justice system. Amongst other things, these judgments revealed how the EPO President had persistently interfered in the workings of the supposedly "independent" internal appeals committee.



"Back in 2012, Battistelli had already proposed one disastrous "reform" of the system which had been rubber-stamped by the Council, ignoring the well-founded objections raised by EPO staff, including the members of the Boards of Appeal."The ILOAT's interventions appear to have shamed the Administrative Council into attempting corrective action because Battistelli was asked to prepare a "reform" of the EPO's internal justice system.

Back in 2012, Battistelli had already proposed one disastrous "reform" of the system which had been rubber-stamped by the Council, ignoring the well-founded objections raised by EPO staff, including the members of the Boards of Appeal.

The idea now was to try and undo some of the damage caused by the earlier "reform", presumably in the hope of stemming the unrelenting tide of negative commentary in the "IP" blogosphere.

The intentions of the Council may have been good, but with Battistelli at the helm, any new "reform" was going to be a half-baked affair at best.

"Under the terms of this "reform" it was decided to revamp the internal appeals committee and to appoint an external person as the chair of that body."After a number of reiterations and revisions, Team Battistelli dished up the final version of the "reform" proposal [PDF] (CA/58/17 [PDF]) on 9 June 2017. Shortly afterwards at the 152nd meeting of the Administrative Council held in the Hague on 28 and 29 June 2017, this proposal was adopted by the Council as decision CA/D 7/17. [PDF]

Under the terms of this "reform" it was decided to revamp the internal appeals committee and to appoint an external person as the chair of that body.

The new chair of the internal appeals committee was Sir Paul Mahoney whose appointment was confirmed by the Administrative Council in December 2017. (warning: epo.org link)

"n fairness to Mahoney it must be said that his committee did issue some opinions upholding staff complaints."Because Mahoney was a retired judge of the European Court of Human Rights, his appointment gave rise to some initial hope among EPO staff that the organisation's internal justice system might finally start to function in a more credible manner.

In fairness to Mahoney it must be said that his committee did issue some opinions upholding staff complaints. For example, one opinion issued by the appeals committee in 2020 belatedly excoriated an arbitrary and unprincipled act of censorship by Elodie Bergot.

The incident in question had occurred almost four years earlier in 2016 when Bergot had prohibited the intranet publication of a report by the EPO Staff Committee detailing the chronic deficiencies in the EPO's internal justice system.

Sir Paul Mahoney
Sir Paul Mahoney, a former Judge at the European Court of Human Rights, was appointed as Chair of the EPO's internal appeals committee in December 2017.



But if Mahoney occasionally dared to take a stand against abuses of power by individual officials such as Bergot, when it came to more politically sensitive cases involving decisions of the Administrative Council, he tended to tread more cautiously and to show more deference to the powers-that-be.

"For the record, it deserves to be noted that Mahoney's endorsement of the "Strike Regulations" was not his only betrayal of EPO staff."This became painfully evident in May 2019, when Mahoney endorsed a majority opinion of the appeals committee rejecting a challenge to Battistelli's "Strike Regulations".

Internal Appeals Committee on Strike Regulations
In May 2019, the EPO's Internal Appeals Committee under the chairmanship of Sir Paul Mahoney placed its seal of approval on Battistelli's Vichyite "Strike Regulations".



After Mahoney and his committee had given Battistelli's "Strike Regulations" what appeared to be a clean bill of legal health, EPO staff were forced to wait for another two years and two months before these manifestly unlawful measures were finally overturned by the ILOAT on 7 July 2021.

ILOAT-Strike-Regulations
The ILOAT did not share Mahoney's positive assessment of Battistelli's Vichyite "Strike Regulations".



Mahoney's endorsement of Battistelli's liberticidal Vichyite "Strike Regulations" sits rather incongruously alongside the views which he expressed in an interview which appeared in the UK Law Society Gazette in November 2013.

On that occasion, he spoke about the role of the European Court of Human Rights and the Council of Europe, describing them as "a kind of insurance policy against backsliding into totalitarianism".

Justice is blindBut for all his fine words about the need for vigilance against "backsliding into totalitarianism", when the time came for deeds at the EPO, Mahoney failed to step up to the plate.

For some inexplicable reason, he did not appear to have any reservations whatsoever about placing his seal of approval on Battistelli's scandalous interference with the fundamental right of EPO staff to "freedom of association".

For the record, it deserves to be noted that Mahoney's endorsement of the "Strike Regulations" was not his only betrayal of EPO staff.

As we shall see in the next part, the EPO's internal appeals committee under Mahoney's stewardship also saw fit to give a clean bill of legal health to Battistelli's Orwellian "Social Democracy" project, another sinister liberticidal measure which was struck down by a seven-judge panel of the ILOAT on 27 January 2022. ⬆

Recent Techrights' Posts

Red Hat is Phased Out of Existence This Month Onwards
Within a few years we'll probably not see many redhat.com addresses anymore; many became ibm.* last week
NVIDIA Buys the Media With Companies It Sponsors to Pretend to be Customers (Circular Funding Scheme)
The media crisis worsens
Brigading Against Women - Part IXX - Overreaction From Young Female Professional After Invalid Threats Made and Sent From an Incel in Another Continent
Cowards who send threats after committing crimes online
 
Brigading Against Women - Part XX - Attempts by Lozza to Deplatform Techrights and Tux Machines Only Days After I Sued Garrett and My Wife Also Sued Garrett (Shortly Before the Serial Strangler From Microsoft Joined)
in 2024
Links 06/10/2026: A Year Since "NSA Whistleblower Reality Winner Released From Prison", World Tries to Deal With El Niño
Links for the day
"SIRIUS CORPORATION LIMITED" as Evidence of the Financial Shell Games in the UK
Rianne and I still have some fond memories of the time the ex-wife of the CEO treated us like human beings
Lots of Silent Layoffs at IBM Last Week, Employees Explain Patterns of Those Impacted
It wasn't just gossip, it actually happened even if the media chose to look the other way (as usual)
Gemini Links 06/10/2026: Fighting for Purpose, Gemlogs, and Gemtext
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Monday, October 05, 2026
IRC logs for Monday, October 05, 2026
Finland's GNU/Linux Share Measured at 12%
Last month GNU/Linux was measured at about 10% in Finland
UK Layoffs and Closures by Microsoft. In Expected Blow, Microsoft Likely Shuts Down Another Studio.
Microsoft's layoffs are never-ending, they just try to keep them all secret.
Discussion About Potential Sale of EPO Buildings and Enshittification of Europe's Largest Patent Office
It's noteworthy that only one hour (or 70 minutes) was devoted to so many topics
Stonewalling by Bots
We'll now turn our attention back to EPO and other matters
Gemini Links 05/10/2026: "Posthumanism", Cardputer, and More
Links for the day
Links 05/10/2026: “I’m Embarrassed on Behalf of the Tech Industry” and Slop Scammers "Lobbying the Vatican"
Links for the day
SIRIUS OPEN SOURCE LTD Officially Insolvent, Is Reform UK Next?
Sirius no more
Links 05/10/2026: "Congress Must Investigate War Profiteers Once Again" and Update on Thomson Reuters v. Ross Intelligence
Links for the day
libera.chat is an Agenda-Peddling Platform Run by Agenda-Peddling Individuals
The volunteers of libera.chat ("staff") aren't working for free, they work towards an agenda
Nobel Season is Plutocracy Week
Later this week the billionaires will give a fake "Nobel" (in "Economics") to someone who parrots their preferred narrative and those same billionaires will use "Nobel" to bless the promoter of their latest pyramid scheme/buzzword
GNU/Linux Market Share in North America 13% This Past Weekend
It is perhaps not shocking that adoption of GNU/Linux is very high there
When Did Europe Begin to Side With White-Collar Criminals (or Participate in Suppressing People Who Oppose Them)?
How much corruption can we tolerate before the European Union becomes another Russian Federation?
Libera Chat's "Level of Control Might Make Sense for a Corporate Platform"
IRC is not centralised
Brigading Against Women - Part XVIII - Turning Censorship Attempts (Articles About Matthew Garrett) Into Mild Redactions
What Lozza did two years ago
Greenland Needs Digital Sovereignty
the large icy island isn't moving to GNU/Linux as quickly as the rest of Europe
Tracker of Internet Relay Chat Networks Out of Service (But Not Down) Since Thursday
We should note that the number of unique networks they track has grown since we last checked
Gemini Links 05/10/2026: NixOS, Guix, Codeberg Banning Slop, and "Gopher Apps on Android"
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Sunday, October 04, 2026
IRC logs for Sunday, October 04, 2026
Secret Microsoft Layoffs and Maybe Another "Voluntary Exit Program at Microsoft in October"
there's a morale crisis at Microsoft
MIT Technology Review (MTR) Reinforces MIT's Role in Promoting Slop (Pyramid Scheme) in Exchange for Money
MIT is a poster boy (or child) of institutional corruption, perverts, and corporate takeover
Many Topics to Cover
Drops in a big ocean
Proving Wrong Those Slop Maximalists and Boosters, GAFAM Says Slop is a Nuisance and Bans/Hides the Slop Submissions
People who say slop in projects is inevitable or even desirable are usually cheaters with self-guilt
Links 04/10/2026: “AI Torture Chamber” and "Aggressive Push to Integrate Hey Hi (AI) Slop Into Schools Is Turning Into a Disaster"
Links for the day
How Microsoft Hides Massive Layoffs From the Media (as Explained by Microsofters)
"rewards" are not exactly rewarding
Brigading Against Women - Part XVII - The Appeal
more to be known towards the end of the year
Gemini Links 04/10/2026: Peace in Outage, Pen Pals, and deGoogling
Links for the day
Links 04/10/2026: Fires Rage in Borneo and Mass Layoffs at Disney
Links for the day
Garrett's Litigation Partner is Unemployed Again
losing one's job
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Saturday, October 03, 2026
IRC logs for Saturday, October 03, 2026