05.23.21

Gemini version available ♊︎

The EPO’s War on Justice and Assault on the Law — Part 17: The External Members: Evangelos Chatzikos and Richard Arnold

Posted in Courtroom, Europe, Law, Patents at 3:35 am by Dr. Roy Schestowitz

Previously in this series:

Royal Courts of Justice, London, UK
Royal Courts of Justice London

Summary: A closer examination of Evangelos Chatzikos (Greece) and Richard Arnold (UK) as external members in case no. G 1/21, which starts later this week

Finally, we come to the “external members” of the panel dealing with case no. G 1/21:

Evangelos Chatzikos (Greece) and Richard Arnold (UK).

As we noted in an earlier part of this series, these “external members” are legally qualified members of the national courts or other quasi-judicial tribunals of the EPO‘s contracting states. They participate in EPO cases on an occasional basis but otherwise continue their normal judicial or quasi-judicial activities at the national level.

Their service at the EPO is regulated by the “Regulation on the appointment and conditions of employment of members of the Enlarged Board of Appeal”.

According to this regulation they are remunerated on a case-by-case basis and receive a flat fee of EUR 1000 per case [PDF]. If the external member acts as rapporteur, then the fee is increased to EUR 2500. They are also entitled to reimbursement of travelling expenses arising from official journeys. From the regulations:

Athens court
Regulation – Article 11, Paragraph 5, EPC

These guys are what Benoît Battistelli would have called “real judges”.

The Corsican despot never hid his disdain and contempt for the in-house judiciary at the EPO whom he considered to be his own personal “vassals”. On one occasion it is reported that he even told the members of the Boards of Appeal to their faces:

“The Corsican despot never hid his disdain and contempt for the in-house judiciary at the EPO whom he considered to be his own personal “vassals”.”“A mon opinion, vous n’êtes pas de juges”

(Translation: “In my opinion you are not judges.”)

Turning now to the “external members” in case G 1/21, the first thing that has to be said is that practically no information is publicly available about the Greek judge, Evangelos Chatzikos, apart from the fact that he is the President of the Court of First Instance in Athens.

Athens court
The Court of First Instance in Athens where Evangelos Chatzikos normally presides.

Chatzikos comes from a country whose legal system can hardly be said to enjoy a squeaky clean reputation.

“Chatzikos comes from a country whose legal system can hardly be said to enjoy a squeaky clean reputation.”Back in June 2019, the Greek Parliament downgraded bribery of public officials from a felony offence to a misdemeanour, thus introducing more lenient criminal sanctions for such crimes.

This move drew strong criticism from the Council of Europe’s anti-corruption body, the Group of States against Corruption (GRECO), and from the OECD.

Although there was a partial reintroduction of stronger criminal legislation in respect of bribery offences towards the end of 2019, GRECO concluded that more work was needed to render the criminal justice system fit for purpose if corruption was to be countered effectively.

More recently, the European Commission’s Rule of Law report for 2020 identified serious problems in Greece regarding the administration of justice, pluralism in the media, the fight against corruption, the activities of lobbies as well as the protection of whistle-blowers. According to the report, Greece’s justice system continues to face significant challenges as regards its quality and efficiency.

“Back in June 2019, the Greek Parliament downgraded bribery of public officials from a felony offence to a misdemeanour, thus introducing more lenient criminal sanctions for such crimes.”None of this should be misinterpreted as an attempt to cast aspersions on the personal integrity of Mr Chatzikos. In the absence of any evidence to the contrary he is, in all probability, every bit as sound as the next man.

However, what is of relevance here is that Mr Chatzikos holds a relatively senior judicial position in a country whose legal system suffers from a predominantly negative image. This is not a matter of “prejudice” but is rather based on the independent assessments of intergovernmental bodies such as the Council of Europe and the European Commission.

Common sense tells us that you don’t rise to occupy such a senior judicial position in any jurisdiction without knowing how to “play the game” according to the local rules.

“Common sense tells us that you don’t rise to occupy such a senior judicial position in any jurisdiction without knowing how to “play the game” according to the local rules.”Trying to put things as diplomatically as possible, the political environment in contemporary Greece combined with the lack of any publicly available information about Mr Chatzikos himself, suggests that he is unlikely to be too concerned about keeping the proceedings in case no. G1/21 on the “straight and narrow”.

The other external member, Richard “Dickie” Arnold (UK) comes from a legal tradition that has a somewhat more positive reputation for procedural correctness and adherence to the rule of law.

Lord Justice Arnold – to give him his official title – is quite a well-known UK legal figure with a fairly prominent public profile.

He was appointed a Lord Justice of the Appeal Court in October 2019.

Richard Arnold
Richard Arnold was appointed a Lord Justice of the UK Court of Appeal in October 2019.

It’s well know that Battistelli had a certain regard for British legal eagles – in particular he was fond of using QCs from 39 Essex Chambers to intimidate the Enlarged Board and stitch up SUEPO officials.

“Lord Justice Arnold – to give him his official title – is quite a well-known UK legal figure with a fairly prominent public profile.”However, it’s not certain that “Dickie” Arnold is someone who would have met with unconditional approval from the Corsican despot.

Back in 2016, together with a large group of other judicial colleagues in the UK, Arnold was involved in a legal complaint against the introduction of new judicial pension system that required employee contributions.

This was a “mass appeal” led by six high court judges – including Arnold who was 55 at the time – which was joined by 204 Crown Court judges, district judges, sheriffs and tribunal judges.

“This was a “mass appeal” led by six high court judges – including Arnold who was 55 at the time – which was joined by 204 Crown Court judges, district judges, sheriffs and tribunal judges.”The six High Court judges appointed at a “relatively early age” took their action against the Ministry of Justice in connection with the pension changes which they claimed were discriminatory and less favourable in terms of benefits.

In 2017 it was reported that the aggrieved UK judges had won their claims against the Ministry of Justice in an employment tribunal ruling, which was estimated to leave the UK government facing costs of up to £ 118m if the lost benefits were to be fully restored.

Lawsuits of this kind are precisely the kind of “disloyal” activity that Battistelli deprecated when “his” staff, both examiners and members of the Boards of Appeal, brought their complaints to the ILOAT.

“It is not ILOAT that manages the Office. It is childish, childish to write to judges in Geneva.”, he retorted, raising his voice menacingly.

Battistelli is unlikely to have been impressed by Arnold’s participation in such a “childish” legal action against his employer.

Liz Truss
Justice Arnold was lucky that Chancellor Liz Truss didn’t have the totalitarian powers of Battistelli.

“Dickie” Arnold and his colleagues were lucky that their boss, Chancellor Liz Truss, didn’t have the totalitarian powers of an EPOnian President at her disposal. Otherwise they might have ended up in the Tower of London rather than enjoying the luxury of “due process”.

“Battistelli is unlikely to have been impressed by Arnold’s participation in such a “childish” legal action against his employer.”Returning now to G 1/21, it has to be admitted that, in the final analysis, the external members of the panel are “dark horses” whose actions cannot be reliably predicted.

In particular, it’s impossible to say how they are likely to react – if at all – to the concerns which have been publicly expressed about the suspected partiality of the Chairman and the other internal members of the panel.

“In particular, it’s impossible to say how they are likely to react – if at all – to the concerns which have been publicly expressed about the suspected partiality of the Chairman and the other internal members of the panel.”That concludes our introduction to the “external members”.

Before presenting some concluding observations on the current state of play in case no. G 1/21, we will make a short diversion to look at Carl Josefsson’s well-oiled PR machine which is likely to become increasingly active in the run-up to the hearing scheduled to take place on 28 May.

Share in other sites/networks: These icons link to social bookmarking sites where readers can share and discover new web pages.
  • Reddit
  • email

Decor ᶃ Gemini Space

Below is a Web proxy. We recommend getting a Gemini client/browser.

Black/white/grey bullet button This post is also available in Gemini over at this address (requires a Gemini client/browser to open).

Decor ✐ Cross-references

Black/white/grey bullet button Pages that cross-reference this one, if any exist, are listed below or will be listed below over time.

Decor ▢ Respond and Discuss

Black/white/grey bullet button If you liked this post, consider subscribing to the RSS feed or join us now at the IRC channels.

DecorWhat Else is New


  1. Peak Code — Part II: Lost Source

    "Debian and Mozilla played along. They were made “Yeoman Freeholders” in return for rewriting their charters to “work closely with the new Ministry in the interests of all stakeholders” – or some-such vacuous spout… because no one remembers… after that it started."



  2. Links 22/1/2022: Ubuntu MATE 21.10 for GPD Pocket 3, MINISFORUM Preloads GNU/Linux

    Links for the day



  3. Computer Users Should be Operators, But Instead They're Being Operated by Vendors and Governments

    Computers have been turned into hostile black boxes (unlike Blackbox) that distrust the person who purchased them; moreover, from a legislative point of view, encryption (i.e. computer security) is perceived and treated by governments like a threat instead of something imperative — a necessity for society’s empowerment (privacy is about control and people in positions of unjust power want total and complete control)



  4. Peak Code — Part I: Before the Wars

    Article/series by Dr. Andy Farnell: "in the period between 1960 and 2060 people had mistaken what they called "The Internet" for a communications system, when it had in fact been an Ideal and a Battleground all along - the site of the 100 years info-war."



  5. Links 21/1/2022: RISC-V Development Board and Rust 1.58.1

    Links for the day



  6. IRC Proceedings: Thursday, January 20, 2022

    IRC logs for Thursday, January 20, 2022



  7. Gemini Lets You Control the Presentation Layer to Suit Your Own Needs

    In Gemini (or the Web as seen through Gemini clients such as Kristall) the user comes first; it's not sites/capsules that tell the user how pages are presented/rendered, as they decide only on structural/semantic aspects



  8. The Future of Techrights

    Futures are difficult to predict, but our general vision for the years ahead revolves around more community involvement and less (none or decreased) reliance on third parties, especially monopolistic corporations, mostly because they oppress the population via the network and via electronic devices



  9. [Meme] UPC for CJEU

    When you do illegal things and knowingly break the law to get started with a “legal” system you know it’ll end up in tears… or the CJEU



  10. Links 20/1/2022: 'Pluton' Pushback and Red Hat Satellite 6.10.2

    Links for the day



  11. The Web is a Corporate Misinformation/Disinformation Platform, Biased Against Communities, Facts, and Science

    Misinformation/disinformation in so-called 'news' sites is a pandemic which spreads; in the process, the founder of GNU/Linux gets defamed and GNU/Linux itself is described as the problem, not the solution to the actual problems



  12. Links 20/1/2022: McKinsey Openwashing and Stable Kernels

    Links for the day



  13. IRC Proceedings: Wednesday, January 19, 2022

    IRC logs for Wednesday, January 19, 2022



  14. Links 20/1/2022: Linuxfx 11.1 WxDesktop 11.0.3 and FreeIPMI 1.6.9 Released

    Links for the day



  15. Links 19/1/2022: XWayland 22.1 RC1 and OnlyOffice 7.0 Release

    Links for the day



  16. Links 19/1/2022: ArchLabs 2022.01.18 and KDE's 15-Minute Bug Initiative

    Links for the day



  17. When Twitter Protects Abusers and Abuse (and Twitter's Sponsors)

    Twitter is an out-of-control censorship machine and it should be treated accordingly even by those who merely "read" or "follow" Twitter accounts; Twitter is a filter, not a news/media platform or even means of communication



  18. IRC Proceedings: Tuesday, January 18, 2022

    IRC logs for Tuesday, January 18, 2022



  19. Links 19/1/2022: Wine 7.x Era Begins and Istio 1.12.2 is Out

    Links for the day



  20. Another Video IBM Does Not Want You to Watch

    It seems very much possible that IBM (or someone close to IBM) is trying to purge me from Twitter, so let’s examine what they may be trying to distract from. As we put it 2 years ago, "Watson" is a lot more offensive than those supposedly offensive words IBM is working to purge; think about those hundreds of Red Hat workers who are black and were never told about ethnic purges of blacks facilitated by IBM (their new boss).



  21. What IBM Does Not Want You to Watch

    Let's 'Streisand it'...



  22. Good News, Bad News (and Back to Normal)

    When many services are reliant on the integrity of a single, very tiny MicroSD card you're only moments away from 2 days of intensive labour (recovery, investigation, migration, and further coding); we've learned our lessons and took advantage of this incident to upgrade the operating system, double the storage space, even improve the code slightly (for compatibility with newer systems)



  23. Someone Is Very Desperate to Knock My Account Off Twitter

    Many reports against me — some successful — are putting my free speech (and factual statements) at risk



  24. Links 18/1/2022: Deepin 20.4 and Qubes OS 4.1.0 RC4

    Links for the day



  25. Links 18/1/2022: GNOME 42 Alpha and KStars 3.5.7

    Links for the day



  26. IRC Proceedings: Monday, January 17, 2022

    IRC logs for Monday, January 17, 2022



  27. Links 17/1/2022: More Microsoft-Connected FUD Against Linux as Its Share Continues to Fall

    Links for the day



  28. The GUI Challenge

    The latest article from Andy concerns the Command Line Challenge



  29. Links 17/1/2022: digiKam 7.5.0 and GhostBSD 22.01.12 Released

    Links for the day



  30. IRC Proceedings: Sunday, January 16, 2022

    IRC logs for Sunday, January 16, 2022


RSS 64x64RSS Feed: subscribe to the RSS feed for regular updates

Home iconSite Wiki: You can improve this site by helping the extension of the site's content

Home iconSite Home: Background about the site and some key features in the front page

Chat iconIRC Channel: Come and chat with us in real time

Recent Posts