Bonum Certa Men Certa

The Failure of ILO's Administrative Tribunal Highlights Poor State of Justice in Europe and Worldwide

"Administrative Tribunal of ILO: President may set aside judgment according to opinions of the disciplinary committee. So workers are at the mercy of arbitrary [sic] -- why a disciplinary committee?"

https://twitter.com/keepyourwings/status/958323612745916417

Summary: As the EPO and the UPC serve to demonstrate, we're back to being ruled by 'kings' or governed by 'monarchies' while tribunals serve only (or primarily) a theatrical role

THE EPO is wasting millions of euros (stakeholders' money) on lawyers, simply in order for them to help cover up Battistelli's abuses. That also means crushing staff (his victims, whose legal budget isn't limitless). We wrote about it earlier today. The EPO has said nothing about it. The EPO's Twitter feed is full of fluff ("You just came up with some buzzword/acronym and then claim that many things belong to it," I told them; they pay the media to 'plant' some puff pieces about this at the expense of stakeholders/EPO budget, conveniently forgetting that they're supposed to be a patent office).

"The EPO is wasting millions of euros (stakeholders' money) on lawyers, simply in order for them to help cover up Battistelli's abusesl."The Presidential Palace of Battistelli continues gaining infinite powers while indulging in immunity and therein lies the problem, argues the following comment:

In my view, the judgements discussed in this article provide a rather neat illustration of a worrying problem with the governance of the EPO, namely a serious imbalance of arms between EPO employees and EPO senior management.

For example, in the Hardon case, the e-mail may well have shocked and offended “Mr A”. This seems to have been taken by the ILO as the only relevant starting point. However, I understand that the EPO management blocked all efforts to initiate an independent investigation into the events to which Ms Hardon’s e-mail referred … and so we will never know whether her “undiplomatic” description of the events could actually have been accurate (or justified / justifiable).

Thus, it is perfectly possible that by exerting control over how (if at all) events were investigated, the EPO management were able to construct their own narrative in which the dismissal of Ms Hardon appears to be an appropriate response. In the absence of any independent fact-finding, we will simply never know the truth of the matter … and neither will the ILO.

Another, more stark illustration of the imbalance of arms is provided by the ILO’s response to the alleged leaking of confidential information by those “briefing against” Mr Corcoran. There is no doubt that confidential information was leaked, as there is irrefutable proof that it came into the public domain. The nature of the information and the manner in which it was leaked also point to an effort to undermine the presumption of innocence in Mr Corcoran’s case. Nevertheless, clear evidence of wrongdoing by an unspecified individual led the EPO management to conduct …. no investigations whatsoever! This is precisely the opposite of what happened when the EPO management became aware of “leaks” that were unflattering to them.

The huge irony and double-standards evident in the contrasting outcomes could not be more obvious. This is further compounded by the fact that a defamation action against the “leaker” is impossible … again because of the inequality of arms. For example, Mr Corcoran’s lack of access to records of internal EPO communications would make it almost impossible to identify the “leaker” … and even if that hurdle was overcome, knowing the identity might not help (eg if the “leaker” asserted immunity from prosecution). On the other hand, those pursuing defamation claims against Mr Corcoran had full access to information obtained by “snooping” on internal communications, and did not need to worry about the defendant asserting immunity.

With such an obvious (and serious) inequality of arms evident in disputes between the EPO and its employees, is there anyone out there who still believes that the “protections” and “access to justice” afforded to EPO employees are in any way comparable to those afforded to employees under EU and German / Dutch national laws? Is it therefore not time that we gave those employees the same protections and access to justice as those enjoyed by individuals who do not happen to work for an international organisation?


This brings us to the UPC, another potentially lawless concept where one can be subjected to binding court rulings in a language different from one's own (and from courts overseas, possibly with a plaintiff outside the EU, even some shell entity). GRUR is apparently the latest to pretend this is perfectly OK. Alexander Esslinger and Birgit Clark both link to this tweet which said: "The German Association for the Protection of Intellectual Property (#GRUR) has published its amicus curiae brief in the constitutional complaint against the #UPC Agreement before the German Constitutional Court (@BVerfG ) #Patent "

Esslinger pretty much copied this entire tweet (how odd) and I responded by saying that "the court ought to ask groups other than the patent 'industry' if they've been consulted about UPC (it would hurt them a lot)..."

"For similar reasons (hosting international organisations like ICC), the Dutch government does not want to remove Battistelli's immunity when he breaks the law and ILO in Geneva is far too soft on the EPO."What about people who are actually impacted by these laws? It's like they don't seem to matter to Germany. As for the EPO, it's a convenient cash cow owing to its location. It oughtn't be a taboo subject. The staff representation said it very clearly, repeatedly even. For similar reasons (hosting international organisations like ICC), the Dutch government does not want to remove Battistelli's immunity when he breaks the law and ILO in Geneva is far too soft on the EPO. This is a mutual back-rubbing exercise rather than real accountability and justice. They construct a hypothetical or theoretical hierarchy of accountability (like the EPC attempted to do), but it clearly doesn't function.

Anyway, here is a direct link to the PDF from GRUR (dated just over a month ago; 31 pages long and signed by "Gert Würtenberger, Präsident"). We are guessing that Team UPC is already reading this and preparing puff pieces about it, possibly to appear by the week's end somewhere like Kluwer Patent Blog. These people certainly don't care about the law (all they care about is their money) and if EPO staff is being crushed because of them, well... they couldn't care any less.

Recent Techrights' Posts

Leaks and Whistleblowers: Our Plan for Today
Society simply cannot advance when too many people self-censor
The Same People Who Attacked Richard Stallman (RMS) Are Attacking Daniel Pocock to Discourage People From Listening to His Information
Pocock is being demonised for the same reasons and by the same people who attack RMS
We Are Safe in a Modern "Tech" Society, Right?
People are safer if they control their own computing
The Way Things Are Going, They May Soon Stop Saying "Web Address" and Instead Say "Chrome Address"
The Web isn't built or based around open Web standards anymore. It's centered around user-agent.
Microsoft as a Golden Cage
"I was laid off by Microsoft and can't find a job. I'm weeks away from giving up my apartment and moving across the country to live with family."
Weekend Discussion About How IBM's Bluewashing of Red Hat Will Cause "Enshittification" for Users
"I worked at a software company that was acquired by IBM so I knew it was game over for RedHat the day they were acquired"
Brett Wilson LLP Getting Sued by Its Very Own Clients, a Legal Story That Has Made the Mainstream News (Law360)
Law360 or Law.com are about as mainstream as one can get in that "sector" (litigation 'industry')
 
Arnaud Parreaux lost case defending rogue employer
Reprinted with permission from Daniel Pocock
Mathieu Elias Parreaux declared bankrupt in Switzerland
Reprinted with permission from Daniel Pocock
Breakdown of the Rule of Law and Patent Law in the European Union (EU)
The EPO cannot recruit suitably qualified patent examiners this way, let alone retain them
Gemini Links 13/10/2025: Good Films, Wizard of Earthsea, Upgrading the Steam Controller's Stick
Links for the day
It's Not Justice When One Side Denies the Other Side the Ability to Even Speak
At this stage, Brett Wilson LLP is in my humble opinion acting in contempt of the Court
Links 13/10/2025: Australian Catholic University Uses Slop to Libel Students, Canada Threatens to Kill Beluga Whales
Links for the day
How Not to Silence Tux Machines (It'll Only Backfire, Badly)
defending Microsoft while attacking this site
Slopwatch: UbuntuPIT and Google News
It seems abundantly clear that Google News and Google in general participates in the slop epidemic
Vincent Danjean (not INTERPOL), Claire Bardel & Debian pregnancy cluster
Reprinted with permission from Daniel Pocock
Christmas lynchings: Martin Krafft (madduck), Penny Leach (mjollnir) & Debian pregnancy cluster
Reprinted with permission from Daniel Pocock
Gemini Links 13/10/2025: Birthdays and "Committee Unable to Contact Nobel Prize Winner"
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Sunday, October 12, 2025
IRC logs for Sunday, October 12, 2025
Your Typical Anti-Richard Stallman (RMS) Cancellist
"About the RMS cancellation"
Richard Stallman (RMS) Has Announced His Talk in Rome Less Than 20 Hours in Advance (and on a Sunday)
Why did he wait until the night before?
GNU Tools Cauldron Event in Portugal: Videos Now Available via Invidious
Go have a look
Slopwatch: GNU/Linux Sites That Became Slopfarms and Spamfarms
The Web is a mess and "Linux" or "Ubuntu" sites became part of the problem
Richard Stallman's Talk 25 Hours Away, Aula Magna Palazzo del Rettorato (CU001), Sapienza Università di Roma (Piazzale Aldo Moro, 5)
The talk is 25 hours away and we see some QR code for it
Gemini Links 12/10/2025: Watches, the Depression of 2026, Gamboling with Odds
Links for the day
Links 12/10/2025: 'False' DMCA Claims and Slop Facing Perils Again (the Hype Wears Off)
Links for the day
Microsoft Has Just Lost Privacy Case in Austria and Its Latest Moves Make a Complete Ban Seem Imperative
Microsoft is not a software company, it's a spying agency that uses software to collect data
The Register MS: Microsoft is the Security Expert, Not the Prime Culprit, So Buy More Microsoft
This front page feature is devoid of any actual substance, it's just Microsoft copypasta
Paris 'Love Nest' & Debian Outreachy: from Lycée Lakanal to ENS Cachan, Cr@ns, nepotism
Reprinted with permission from Daniel Pocock
Stefano Zacchiroli (Zack) & Debian pregnancy cluster
Reprinted with permission from Daniel Pocock
Lucas Nussbaum & Debian pregnancy cluster
Reprinted with permission from Daniel Pocock
Gemini Links 12/10/2025: "Palm Computering", Further Exploration of Slide Rules, and Key Takeaways from The Well-Grounded Rubyist
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Saturday, October 11, 2025
IRC logs for Saturday, October 11, 2025
Tomorrow: Founder of the Free Software Foundation and of GNU/Linux, Richard Stallman, Speaks in Roma (Rome), Italy at 4PM
GNU/Linux is more important than ever in this dystopian world
Microsoft and Apple Are Rare Topics in Geminispace
in Geminispace it's rather safe to assume everyone is into BSD, GNU/Linux, and sometimes retro
Qualcomm and Manchester United Appear to Have Dumped Microsoft (Qualcomm Now Invests More in Linux, Apparently)
It's a relief to no longer see Microsoft logos and brands on a local football club's gear (I'm not a Manchester United fan, but not a foe either)
As Guest of Honour in Rome, Founder of the Free Software Foundation to Speak ("Distinguished Lecture") After Introduction by Leonardo Querzoni
Happy hacking...
All Things Open is Proprietary
The OSI has become a front group of proprietary software openwashers, led and sponsored by proprietary giants
When Microsoft Lays Off Lots of Workers They Say It "Invests in AI" (a Lie), Now It's "Reshuffles" or "Microsoft Tightens"
Microsoft "news" by bots
"I saw Richard Stallman give a talk in the mid 80s, which began my fear and loathing of software patents" and "Richard Stallman was always right."
"By betraying the legacy of our ancestors, we’ve set ourselves on a path toward self-destruction — moral, intellectual, economic, and ultimately biological."
There Were Several Waves of Microsoft Shanghai Layoffs in 2025, Western Media Continues to Turn a Blind Eye to Chinese Layoffs of an Epic Scale
Sometimes select Taiwanese news sites (published in English) or automated translations are all we have
Brett Wilson LLP Spreads Trumpism to the United Kingdom, Looking to Profit From 'Legal Colonialism' (Overriding Sovereignty)
There's growing recognition of this conundrum worldwide
The Demise of Shopping in Person
In a world like this, how valued is the customer?
This Past Friday, "Nearly 700 People Came to Listen to RMS!" (Richard Stallman)
"Nearly 700 people came to listen to RMS!"
Distinguished Lecture by Richard Stallman This Coming Monday in Rome
After "Free software, Crucial for Freedom in a Digital World"
Slopwatch: UbuntuPIT Churning Out Plagiarism and the Slopfarm LinuxSecurity Turns to Pseudonyms
Our hunch is, UbuntuPIT will sooner or later realise that this toxic approach is just harming UbuntuPIT and tainting the reputation of past articles
The Lawsuit by Clients of Brett Wilson LLP Against Brett Wilson LLP is Officially On, It is Progressing, The 'Experts' Pick Outside Law Firms (RPC and Mills & Reeve) to Spare Them From Litigants in Person
So it is probably quite potent
Gemini Links 11/10/2025: Nyctography, Gerrymandering, and Lurking
Links for the day
The 'Culture Wars' in Free Software Have Gone Out of Control
Social control media amplifies such utterly infantile discourse
Teaser: To Compensate for the Fact Our Clients Are Terrible Human Beings Who Strangle Women (While on Microsoft's Payroll) and We Get Paid by Mystery Parties We Bombard You and Your Wife With Almost 10 Kilograms of Legal Papers
If you can't win an argument, then drown the other side with papers?
Links 11/10/2025: World Mental Health Day 2025, Another European Legal Defeat for Microsoft 360
Links for the day
MIT Technology Review is Part-Time SPAMfarm of Billionaires and Mega-Corporations
Does MIT operate its own "b2b" SPAMfarm?
Open Source Initiative Executive Director Leaves, Replacement Sought by Monopolists, Not the Community or OSI Members
Serves to show who runs this show...
Links 11/10/2025: China-US Tensions Grow Again, "Hey Hi" More Widely Recognised as Bubble Made of Capital That Doesn't Exist
Links for the day
Now Confirmed in Western Media: Microsoft Azure Layoffs This Month
Affirmed by more sources moments ago
Peter O'Callaghan QC represented grandparents, Westernport Hotel, at Liquor Royal Commission
Reprinted with permission from Daniel Pocock
Either The Register MS Divests From FOSS Coverage or Liam Proven is on Long Holiday
Publishers perish when their audience loses trust in them
Microsoft Cancelling Another Datacentre is a Sign of Financial Trouble and Lack of Growth
The debt continues to grow
Gemini Links 11/10/2025: An Evening at the Fair and Fast Fourier Friday
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Friday, October 10, 2025
IRC logs for Friday, October 10, 2025