Bonum Certa Men Certa

When EPO Does Not Control and Coerce the Judges — Part III — ILOAT Judgment No. 4551

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. When EPO Does Not Control and Coerce the Judges — Part II — ILOAT Judgment No. 4550
  3. YOU ARE HERE ☞ ILOAT Judgment No. 4551


EPO censorship
In Judgment No. 4551, the Tribunal found that "the true reason for the requirement of the prior authorisation was to exercise a prior censorship on the content of the communications."



Summary: EPO censorship of staff communications isn't compatible with the law, said a ruling one week ago, but the ruling is nearly a decade late

The ILOAT Judgment which we will look at in this part - No. 4551 - concerns a challenge by a group of three staff representatives to measures adopted by EPO management in May 2013 (!) for the purpose of preventing EPO staff representatives from sending mass e-mails to staff.



One of the complainants against these measures was Laurent Prunier, a staff representative who was viciously targeted and defamed by Benoît Battistelli and subjected to another politically-motivated disciplinary procedure by Elodie Bergot which led to his dismissal in 2016.

As noted above, the measures impugned in the case of Judgment 4551 date back to May 2013 (!).

"The Tribunal found that the restrictions imposed by the communiqué of 31 May 2013 were unlawful and breached the fundamental right to freedom of association."On 13 May 2013, Battistelli issued Communiqué No. 26 entitled “When enough is enough – the use of mass emails within the Office”. He complained that staff representatives were using mass emails increasingly, and claimed that, in many instances, these emails were polemical and factually incorrect.

Battistelli announced that he would shortly be setting up rules on mass communications and he delegated this task to his trusted "Croatian bulldog", the notorious union-buster Željko Topić.

António Campinos and Željko Topić
On 30 May 2013, Battistelli’s "Croatian bulldog", the notorious union-buster Željko Topić (r.), issued a communiqué imposing unlawful restrictions on EPO staff representatives with regard to the use of mass e-mails for communicating with staff. These oppressive measures were maintained intact by Battistelli’s successor, António Campinos (l.).



On 31 May 2013, Topić issued a communiqué decreeing that as from 3 June 2013, the sending of emails to more than fifty addressees would be restricted and that prior authorisation would be required. The communiqué noted that there was a facility for communication by the staff representation and the trade unions via dedicated intranet pages under their sole responsibility.

The Tribunal found that the restrictions imposed by the communiqué of 31 May 2013 were unlawful and breached the fundamental right to freedom of association.

According to the Tribunal’s assessment, the communiqué of 31 May 2013 was unlawful because it set out an indiscriminate limitation on the use of mass e-mails, without providing specific reasons for this measure which, moreover, was intended to apply for an indefinite time.

The EPO failed to establish that the prior authorisation was required for technical reasons, and it provided no evidence that mass emails to more than fifty addressees could jeopardise the operation of its IT systems.

"The EPO failed to establish that the prior authorisation was required for technical reasons, and it provided no evidence that mass emails to more than fifty addressees could jeopardise the operation of its IT systems."As a matter of fact, the wording of the two impugned communiqués revealed that "the true reason for the requirement of the prior authorisation was to exercise a prior censorship on the content of the communications."

The Tribunal was satisfied that the content of the mass e-mails which irritated EPO management did not exceed the limits to freedom of opinion and speech, and therefore did not justify the imposition of a requirement for prior authorisation.

"The [EPO] did not have the power to prevent or to impede communications among staff representatives and staff members only on the basis that they appeared, according to the Organisation, to be “polemical” or “factually incorrect”, or to substantiate “vindictive personal attacks”.

The EPO failed to provide evidence that the communications went beyond the bounds of legitimate, though harsh, criticism, and trespassed into the realm of gross violations of the rights of the Organisation or individuals. In the present case, the measures taken by the Organisation were disproportionate."


The Tribunal recalled that according to its case law, the ability of a body representing the staff to circulate emails to all staff members is not “a privilege”. On the contrary, such body “has a legitimate right to avail itself of this facility, unless there is good cause for restricting it” (Judgment 3156).

"The complainants were collectively awarded costs of € 900 euros."Although the Tribunal found in favour of Laurent and his co-complainants, it rejected their claim for an award of € 20,000 in moral damages for the “serious breach” of their rights since 2013.

According to the Tribunal, "the annulment of the impugned decision is in itself a sufficient remedy for any moral injury the complainants may have conceivably suffered."

The complainants were collectively awarded costs of € 900 euros.

In the concluding part of this mini-series we will look at the wider implications of ILOAT Judgments nos. 4550 and 4551 for the EPO’s notoriously dysfunctional internal justice system. ⬆

Recent Techrights' Posts

Intercontinental Brigading - Part XXXXVI - Attempts to Kill Critics
"Epstein contacted Cambridge academics about research funding"
NVIDIA Down About 30% in 5 Weeks, When Does the Media Call It "Bubble" Rather Than Frame It as Sex Scandal?
they'll find a way to blame "China"
 
The Label 'Anti-AI'
They make it sound like opposing plagiarism or cheating is an act of intolerance or hatred
Intolerance and Violence
Intolerance in the software world is not a new problem
António Campinos Hiding From Staff Amid Strikes, Won't Participate in Dialogue
They voted to continue striking until Christmas
Silent Layoffs at IBM (Rolling Layoffs), Now Curbs on H1B (Mostly Indian Applicants)
Little will change at IBM except the gravity (global distribution) of its workforce will go east
Links 11/11/2026: Moving from Proton to Posteo and "Floating in Space"
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Tuesday, November 10, 2026
IRC logs for Tuesday, November 10, 2026
Gemini Links 10/11/2026: Running, Tektronix, and "Smallnet Information Services Zig Port"
Links for the day
Corporations Don't Lose 2 Trillion Dollars in 'Value' Over a 'Dick Story', This is an Overvaluation and Belated Correction
Nvidia is down, down, down again
Links 10/11/2026: "50 Years of Project Censored" and NVIDIA's Collapse Continues
Links for the day
Surreal Times
NVIDIA's shares fell 27% in 5 weeks
Links 10/11/2026: "Jensen Huang Could Face $81 Billion Divorce Bill" and "Nvidia Shareholders sue Jensen Huang"
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Monday, November 09, 2026
IRC logs for Monday, November 09, 2026
Gemini Links 10/11/2026: Open Problem in Computer Science Due to Bloat and "Queueing Nine Hours for an iPhone"
Links for the day
“Losing Huang Would Introduce a Lot of Uncertainty"
Huang won't last much longer
GNU/Linux Rose to 6% as Laptop/Desktop Operating System in Azerbaijan
In the past two weeks the average measure as seen by Clownflare is 5.7%
Intercontinental Brigading - Part XXXXV - The Brand (and Reputation)
"Russell Brand sentenced to 10 years and six months for rape and sexual assault"
Microsoft Will Pay $11,742 USD for Workers to Leave
11 lakh Indian Rupees
Since Records Began 18 Months Ago, statCounter Saw Chatbot Usage Falling Sharply
Chatbots are not becoming more popular and the commercial world is having second thoughts
Losing Their 'Faith' in Slop
Are leather jackets becoming a "signal" of "cheating on the wife"?
Protestants at the EPO Fight On, Rising in Opposition to and Against Corruption, Also Against GAFAM
Don't say we didn't warn you...
Boosters of Non-reciprocal Licensing Are Just Trying to Cancel Richard Stallman (RMS) and His Baby, GNU
If only they liked freedom as much as they love Microsoft (or Microsoft's GitHub, which is proprietary and unsafe)
Gemini Links 09/11/2026: Zephyr, Wireless Planet, and Old E-mail
Links for the day
IBM: From Illegal NDAs to Illegal Secret Settlements (Money in Exchange for Promise Not to Sue)
Insiders also explain why RAs may come weeks from now [...] IBM has marked 40,000 workers it wishes to get rid of
When Some Footage Causes Your 'Company' to Lose Almost Half a Trillion Dollars in 'Value' in a Few Minutes Your Company is Fictionally Valued
stock slips 8% because the CEO cheats on the wife
Links 09/11/2026: 'Humanitarian' Putin Knocks 600,000 Civilians Off the Grid, Eminem’s Publisher Sues Suno
Links for the day
Like Crooked Politicians, The Register MS is Selling "Dinners" (Access, Sponsors)
Talk about "hey hi".
The Register MS is Not Objective Regarding "AI", It's Paid by Pushers of the Pyramid Scheme (including Nvidia)
Some time soon we'll name some companies that pay millions to The Register MS in order to cement their role in the house of cards (while it lasts)
GAFAM Moribund
A lot of what we say about Microsoft in respect to debt is equally applicable to the rest of GAFAM
NVIDIA as a Scam Company Run by Scammers Who Fake Demand for Their Waste of Energy (Subsidising GPU Sales for Use Cases That Don't Exist)
First they targeted gamers, then fake 'currencies' (which turned out to be a bust), now it's slop (obfuscation of plagiarism using brute force and fusion) [...] We're quite glad that Huang publicly broadcasts how untrustworthy he is
Links 09/11/2026: Nvidia CEO Jensen Huang Cheats on Wife With A Suspected Chinese Spy, "400,000 Russians Killed in Battle Since 2022 Invasion"
Links for the day
Zero Tolerance for Slop
very few sites that dabbled in slop ended up well off (for it)
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Sunday, November 08, 2026
IRC logs for Sunday, November 08, 2026
Gemini Links 09/11/2026: "The Blue Wave Won't Save Us" and "Discoverability Is Only Solved If You Can Be Discovered"
Links for the day