Bonum Certa Men Certa

When EPO Does Not Control and Coerce the Judges — Part II — ILOAT Judgment No. 4550

Series parts:

  1. When EPO Does Not Control and Coerce the Judges — Part I — ILOAT 134th Session: Two More Bittersweet Victories for EPO Staff
  2. YOU ARE HERE ☞ ILOAT Judgment No. 4550


Campaign of managerial bullying and 'moral harassment' from Benoît Battistelli his 'Human Resources' enforcer Elodie Bergot
Back in the day, EPO staff protested vigorously against the campaign of managerial bullying and "moral harassment" which Benoît Battistelli (l.) and his "Human Resources" enforcer Elodie Bergot (r.) conducted against CSC appointees Michael Lund and Aurélien Pétiaud.



Summary: Case 4550 [PDF] was lost by EPO management last week [1, 2] at the Administrative Tribunal of the International Labour Organisation (ILOAT); today we look closely into it

In the case of Judgment No. 4550, the complainant was Michael Lund from Denmark (now retired) and it’s worthwhile recalling the full background to this particular matter.



Back in 2014, Michael and his French colleague Aurélien Pétiaud [PDF] were members of the EPO’s Internal Appeals Committee (IAC). [PDF]

The IAC deals with appeals filed by EPO staff against management decisions and it is a "joint body" comprising members appointed in equal numbers by EPO management and by the Central Staff Committee (CSC).

Michael and Aurélien were not elected staff representatives but rather they were staff members with a recognised level of legal expertise who enjoyed the confidence of the CSC and had been nominated by it as members of the IAC.

At some point in 2014, their heavy workload did not allow them to deal with all of their tasks as IAC members, which include “completing opinions or dissenting opinions following the hearings and sessions within the deadlines provided.”

Michael and Aurélien had to make a difficult choice: either stop writing dissenting opinions on cases of previous sessions, or refuse to work on new cases. They made a decision not to attend an upcoming session of the IAC.

"Michael and Aurélien were not elected staff representatives but rather they were staff members with a recognised level of legal expertise who enjoyed the confidence of the CSC and had been nominated by it as members of the IAC."Battistelli was furious and threw one of his famous "tantrums". He accused them of insubordination and instructed his HR "dompteuse" Elodie Bergot to have them subjected to a politically-motivated disciplinary proceedings which led to their downgrading.

Michael was accused of obstructing the work of the IAC by refusing to attend a session of the committee. He was further accused of having committed, in the framework of the disciplinary proceedings, an additional actionable offence by disclosing confidential and personal appeal-related information to unauthorised third parties.

The majority opinion of the disciplinary committee recommended that the charges against Michael be dismissed. However, a minority found a breach of duty and recommended downgrading by a single step.

True to form, Battistelli ignored the majority opinion and decided that Michael should be downgraded in accordance with the minority opinion. However, Battistelli decided that the relegation in grade should be three steps - that is to say, two more than recommended by the minority opinion.

Both Michael and Aurélien appealed against their downgrading but they lost their cases before the ILOAT: Judgment no. 3971 of the 125th session (Aurélien) and no. 4050 of the 126th session (Michael).

"True to form, Battistelli ignored the majority opinion and decided that Michael should be downgraded in accordance with the minority opinion. However, Battistelli decided that the relegation in grade should be three steps - that is to say, two more than recommended by the minority opinion."ILOAT Judgment No. 4050 [PDF] - delivered on 26 June 2018 following the 126th session of the Tribunal under the presidency of Italian judge Giuseppe Barbagallo - dismissed Michael’s complaint. The judgment focused on a single aspect of the case – Michael’s non-attendance at the IAC session - while ignoring the pertinent factual circumstances and dismissing what seem to be his valid reasons for not being able to participate in that session. Aurélien Pétiaud’s complaint had already suffered a similar fate during the preceding ILOAT session.

Amongst EPO staff [PDF], the disciplinary measures against Michael and Aurélien were widely perceived as being politically motivated. These managerial actions were seen as part of a vicious campaign of bullying and "moral harassment" conducted by Battistelli and his minions, in particular Elodie Bergot, against staff representatives and their nominees on the EPO’s joint bodies.

Nevertheless, in its judgments relating to these disciplinary cases, the Tribunal showed no understanding of the difficult situation in which Michael and Aurélien found themselves and it somehow managed to find the sanctions imposed on them to be “within the range of acceptability” or “not to be disproportionate”.

Battistelli for his part was not content with the imposition of disciplinary sanctions on the CSC-appointed members of the IAC. He wanted to punish them further for their perceived "insubordination" and so he decided to prematurely terminate their terms of office on the IAC.

"Amongst EPO staff, the disciplinary measures against Michael and Aurélien were widely perceived as being politically motivated."This was accomplished by means of the notorious "reform" bearing the title of "Social Democracy" - CA/D 2/14 [PDF], which was adopted by the Administrative Council of the EPO on 28 March 2014 on the basis of a proposal submitted to it by Battistelli.

Amongst other things [PDF], Battistelli’s Orwellian "Social Democracy" substantially restricted the CSC’s power to appoint its nominees to the EPO’s various joint bodies. It required the CSC to henceforth choose amongst its own elected members, whereas previously it could choose freely among all staff in active employment.

This meant that when CA/D 2/14 entered into effect on 1 April 2014, Michael and Aurélien and all other non-elected CSC nominees were no longer permitted to serve on the joint bodies to which they had been appointed.

The premature termination of Michael’s IAC appointment on the basis of CA/D 2/14 forms the subject of ILOAT Judgment no. 4550.

In this case, the Tribunal found in Michael’s favour, noting that "CA/D 2/14, by restricting the Staff Committee’s choice of persons it could appoint as members of the Appeals Committee, had a significant negative impact ... on the quality of staff representation within the Appeals Committee and, consequently, on the composition of that joint body, which is no longer balanced."

According to the Tribunal:

"…the obligation imposed on the Staff Committee to choose the members to be appointed on the Appeals Committee exclusively from among its own members substantially undermined, in various respects, the quality of the effective representation of staff on that body."


The Tribunal dismissed the EPO’s unsubstantiated and manifestly bogus claims to the effect that the impugned measures had been aimed at "improving the conditions of staff representation within the Organisation", noting that the CSC was clearly opposed to these measures and that there was no evidence that the Organisation was responding to a wish expressed by staff members.

According to the Tribunal:

"The EPO’s argument cannot therefore lawfully warrant the violation of the employees’ right to freely associate by restricting the Staff Committee’s powers and undermining the quality of staff representation on the Appeals Committee."


However, despite the fact that the Tribunal found in favour of the complainant, it dismissed his claim for "exemplary damages" against the EPO and merely awarded the paltry amount of € 100 as "moral damages" along with a further € 500 in costs.

"Battistelli for his part was not content with the imposition of disciplinary sanctions on the CSC-appointed members of the IAC."In the next part we will look at Judgment no. 4551, the second case from the 134th session which confirms breaches of the fundamental rights of EPO staff due to the arbitrary and unlawful censorship of mass e-mails by the Office management.

Recent Techrights' Posts

Amended Input From Software Freedom Institute for EU Consultation on Free Software
"On 3 February 2026 Software Freedom Institute lodged a submission with the European Commission's inquiry into Open Digital Ecosystems"
Nadella's Mindless PR Spam Ahead of the Layoffs 'Snowball' (Adding Up Batches) Turning Into an Avalanche
Based on recent observations, the more puff pieces we see about Nadella, the closer we get to Microsoft "pulling the trigger" on mass layoffs
When Happens to Red Hat If (or When) IBM Collapses
IBM is in flux because its CFO is now implicated in what seems like accounting fraud
With an IBM Company Down Over 75% After Apparent Accounting Fraud the IBM Insiders Want Answers From James Krabanaugh
He has no technical qualifications
A "horrible week (hebdomada horribilis?) for the Solicitors Regulation Authority" (SRA)
The SRA is part of the SLAPP problem
EPO's Central Staff Committee (CSC) on EPO Social Dialogue
They've refrained from mentioning the industrial actions
The Register MS is Promoting Ponzi Scheme for Financial Fraud/Accounting Fraud Company, The Register MS Gets Paid to Do This
Published 6 hours ago
IBM's Kyndryl Managed to Fall to Less Than a Quarter of Its Past Year's High
Imagine IBM falling to $75
Links 10/02/2026: Media Freedom Feels Dead in Hong Kong and Grammys, Superbowl Becoming Politics
Links for the day
IBM RAs (or PIPs) in London, England?
They try to keep the lid on it
 
Links 11/02/2026: $700 Billion Slop Bill, Social Control Media Under Political Fire for Deliberate Health Harms
Links for the day
Mobbing at the European Patent Office (EPO) - Part VI - Attacks on Staff and Attacks on the Law Merit Another New Series
new series coming shortly
IBM's Financial Engineering (Accounting Fraud) Shell, Kyndryl Holdings Inc, is Insolvent
If this was done by the very same people who still run IBM, can we expect any better from "Sugar Daddy" IBM?
2026 a Very Productive Year and We Have Many Big Stories to Tell
maybe we'll produce 8,000 new articles/pages by year's end
Clownflare is in Trouble as Its Debt More Than Doubled in Less Than a Year, Expect Further Enshittification
Clownflare isn't free
After the Next Wave of Microsoft Layoffs Washington State Could be #1 for US Layoffs
Microsoft Corp shares were down yesterday
EPO's Local Staff Committee The Hague (LSCTH): The EPO is Generally “Managed by Excel” (Microsoft)
The current management has basically defined corruption to be "success"
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Tuesday, February 10, 2026
IRC logs for Tuesday, February 10, 2026
Google Still Helping the Slop Pyramid Scheme, Encouraging Plagiarism Too
Google is a plagiarism company and it wants public solidarity for plagiarism by LLMs
Gemini Links 10/02/2026: "The Luminous Dead", Matrix, and Containers
Links for the day
Kyndryl CFO Harsh Chugh Comes From IBM (17+ Years)
Who would want such a position?
International Buybacks Machines
Will the current US administration/regime look into IBM's accounting or only its mini me's?
IBM Could be the Next Kyndryl, a Dinosaur With Accounting Fraud
Many shareholders (or even pension funds) are taking a big hit today
Ian Murdock Died in San Francisco 10 Years Ago. Cops Led to His Death.
10 years ago Ian Murdock died after cops had messed him up
US/Europe divergence: health & safety, criminality & Debian harassment culture: Open Digital Ecosystems submission F33370170
Reprinted with permission from Daniel Pocock
Links 10/02/2026: Splinternets and "Meta Goes to Trial in a New Mexico Child Safety Case"
Links for the day
Russia and China Best Off Without GAFAM
What if they abandoned GAFAM?
Will Finns Put Out the Online Cigarettes?
More people recognise that the child porn site formerly known as "Twitter" and Cheeto/Pooh-tin controlled TikTok are no longer trustworthy
As the US Economy Sags Microsoft Layoffs Carry on (Now in Larger Waves Like 15,000 Per Season or 30,000+ Per Year)
They try to avoid "negative" topics
GNU/Linux at 3.99% in Australia
now that Australians can no longer keep Vista 10
Microsoft Windows Falling
analytics.usa.gov Shows Rapid Erosion of Windows Market Share Since 'End of 10' (Vista 10)
Microsoft Windows Hits All-Time Low in The Netherlands in 2026
Europe needs to rid itself or wean itself off GAFAM
SRA: SLAPPs From Russian War Criminals and American Men Who Strangle Women Are Acceptable
The SRA, by inaction, is complicit in this
The Solicitors Regulation Authority (SRA) Delusion - Part IV - Machos in Charge of the House (and System), Even If the Faces Are Female (Optics)
basically a Windows/Microsoft (US) shop
From Weber Shandwick (Microsoft PR) to Brett Wilson LLP (Hired Gun of the Serial Strangler of Microsoft)
they basically tried to charge me a lot of money for a PR project of someone who strangled women
The Solicitors Regulation Authority (SRA) is Not a Regulator, It's Part of the Litigation "Industry" in the UK (They Overlap Each Other)
Does nothing except talk about SLAPPs
Brett Wilson LLP Seems to Have Done for Roberto Foa What It Did a Year Earlier for the Serial Strangler from Microsoft
Repeat abusers (of the legal system) will misuse it as long as regulators do nothing
In Finland, Microsoft Falls Behind Yandex (Russia)
Bing has had many layoffs in recent years
Security More Advanced in Geminispace Than on the Web (Bloat)
For real security, use Geminispace capsules, not Web sites
Slop at Microsoft is a Miserable Failure, Now Microsoft Takes the "Vista Route" (Paying People to Say Good Things About It)
This is brainwash, it's meant to delay the implosion of the bubble
Rumours About February 2026 Microsoft Layoffs: Silent Layoffs or 30,000 Culled Tomorrow
Sooner or later (and soon) Microsoft will need to say something and file some WARN notifications
GNU/Linux at 12% in Guam, Based on statCounter (Compared to 2-3% a Year Ago)
Guam's "uptick" in GNU/Linux usage started weeks after "end of 10"
Where We Stand With the Winter Series
We'll need to protect names and sources
Fighting Slop With the Public Domain (and Why Slopfarms Perish Faster Than New Ones Appear)
We can combat the nonsense by producing more human-made works until the slop bubble implodes
After Employee Reviews at IBM Staff Expects Another Large Wave of PIPs and "RAs" (Layoffs)
From what we can see in the "public Web"
Gemini Links 10/02/2026: "The Last Messiah", Discord for Adults
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Monday, February 09, 2026
IRC logs for Monday, February 09, 2026
Is Europe Abandoning Digital Opium?
GAFAM-controlled social control media
Mobbing at the European Patent Office (EPO) - Part V - Strongest Strike Under António Campinos
SUEPO Munich is also reminding people of the threat of PIPs
Microslop is Slop, Slop is Considered "Quality"
no wonder Microsoft's stuff breaks down so often
thelayoff.com Deletes On-Topic Discussions (Layoffs) While Leaving in Tact Pro-Corporate Trolling Made by LLMs (Slop)
Who at thelayoff.com deems spam made by LLMs (slop) to be on-topic and unworthy of zapping, whereas actually on-topic and authentic threads get routinely deleted?
Gemini Links 09/02/2026: Great Salt Lake Ecological Observatory and Offpunk 3.0 "A Community is Born" Release
Links for the day
Links 09/02/2026: Mass Plagiarism and Pollution/FakeCoin Company Nvidia Contacted Anna’s Archives, Narges Mohammadi Gets Second Prison Sentence
Links for the day
GNU/Linux May Have Grown to 7% in Equatorial Guinea
Has there been some kind of mass migration there or is this just noise in the data?
Links 09/02/2026: Russia Intentionally Killing Civilians, Jimmy Lai Effectively Sentenced for Life for Publishing News
Links for the day
Microsoft Competitions, Addictions, and Popularity Contests Are Not Going to Help Perl, They'll Waste Everybody's Time and Give Microsoft More Control Over Its Competition
Microsoft does not like Perl
A Can of WORMS - Part IV - They Would Even Attack RMS for Criticising Autocrats (Saying This is "Politics")
Conforming to society's perceived expectations isn't how effective activism can ever be done or was ever done in the recent past
Gemini Links 09/02/2026: The Exploration Myth and Making JavaScript Fun
Links for the day
EPO Outrage and Maintaining the Pressure
A vending machine does not fall over after a first push
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Sunday, February 08, 2026
IRC logs for Sunday, February 08, 2026
"Low Performer" and "Underperformer" as Harmful Misnomers That Damage a Company's Reputation
Misnomers need to be avoided or called out