Update on Litigation Against the European Patent Office (EPO) at the ILO Administrative Tribunal (ILOAT)

posted by Roy Schestowitz on Oct 31, 2024

THE EPO's union, or SUEPO Central Bureau (representing all locations), has contacted António Campinos and a deputy (nepotism^*, former colleague of his, no background in patents!) regarding litigation.

Communication to staff said:

Salary Adjustment Procedure: Keeping the Litigation Simple

More than 600 SUEPO members lodged internal appeals against the new Salary Adjustment Procedure and its implementation for 2021. The adjustment amounts were cut by more than 86% at this time.

The Office decided on 10 October 2024 to reject the appeals and to deviate from the opinion of the Appeals Committee. This opinion was unanimously in favour of the appellants on key points: the flawed sustainability clause (that led to the cuts) and the exclusion of pensioners from the periodical settlement.

SUEPO therefore intends to organise a mass complaint before the ILO Administrative Tribunal (ILOAT). However, the administrative overhead for all parties and especially for the Tribunal, should be kept as low as possible.

Therefore, the Central Bureau of SUEPO has asked the President in an open letter to issue a so-called erga omnes declaration. He should declare that the result of the upcoming ILOAT judgment be applied to all persons to whom the salary adjustment procedure was applied in 2021, and he should reimburse the registration fee of EUR 200 to all appellants.

SUEPO has requested such an unambiguous and legally binding declaration from the President by 20 November 2024. After that, SUEPO will decide together with the entrusted lawyers on the organisational details of the mass complaint and inform you, the SUEPO members, accordingly.

Rewards and compensation for staff have long fallen, resulting in many experienced colleagues leaving and causing further declines in quality and compliance. This meant that the corrupt management of the EPO found it easier to grant European software patents - i.e. patents which are both illegal and undesirable.

Here is the letter sent to Campinos and his friend Nellie:

31 October 2024
su24017cl 0.2.1 – 5.1 – 5.2

Mr António Campinos
President of the EPO

Ms Nellie Simon
Vice-President DG 4

by email

Cc: ILO Administrative Tribunal

OPEN LETTER

Request for an erga omnes declaration concerning the litigation on the salary adjustment procedure for 2021

Dear Mr Campinos,
Dear Ms Simon,

In the paragraph “Ways forward” of Mr Campinos’ letter of 17 May 2024 relating to the number of complaints before the ILOAT, you stated: “Potential erga omnes implementation: The Office will consider committing to the erga omnes implementation of outcomes in appropriate (mass) appeals and complaints. The staff representation is likewise invited to approach the Office regarding possible cases.”

In the intranet announcement of 13 June 2024 "Salary adjustment procedure", Mr Campinos wrote: “On 7 June 2024, the Appeals Committee delivered its opinion regarding the internal appeals directed against the 2021 salary adjustments.

[...]

The Office does not share the opinion of the Appeals Committee and will put forward its arguments in the final administrative decisions. Legal certainty will only come from the ILO Administrative Tribunal (ILOAT) which issues final and binding judgments.”

On 10 October 2024, the EPO issued its decision on the internal appeal concerning the Salary Adjustment Procedure (SAP). We regret that the Office decided indeed not to follow the opinion of the Internal Appeals Committee. SUEPO will therefore be organising a complaint at the ILOAT.

In the decision, Ms Simon states that “should you wish to pursue the matter with the Administrative Tribunal of ILO according to Article 113 ServRegs, the Office points out that it would commit in this case to apply the substantive part of the judgment to all employees and pensioners concerned.”

With more than 600 appellants on the topic of the SAP, we consider the case appropriate for committing to the erga omnes at the stage of the upcoming ILOAT complaint. In order to reduce the administrative burden for all parties and in particular for the Tribunal, we therefore kindly request that the EPO provide an unambiguous and legally binding commitment to the following:

• Erga omnes, i.e. apply the result of the upcoming ILOAT judgment to the benefit of all persons (employees and pensioners, including possible successors in rights) to whom the salary adjustment procedure was applied in 2021 (regardless of them having filed a request for review and/or an internal appeal or not);

• Reimbursement of the 200 € registration fee to all persons who filed an appeal against the implementation of the salary adjustment procedure in 2021, (and, if applicable, reimbursement of their legal costs).

In view of the above sequence of events and statements by the EPO, and since the filing of the complaint with the ILOAT is foreseen by mid-December in view of the end-of-year holidays, we will be expecting such a commitment by Wednesday 20 November 2024. It should be in the mutual interest of the Office and SUEPO to expedite the proceedings as much as possible. SUEPO is ready to play its part and to minimise the administrative burden for the Tribunal.

Yours sincerely,

Michael Sampels
Acting Chair of SUEPO Central

So that's that for now.

As a reminder, EPO management only selectively obeys orders from ILOAT. The EPO operates like a mafia. It doesn't recognise courts' authority. It creates its own fake 'courts'. █

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^* Management at the EPO is all nepotism. Even the President, Campinos, is only there before his friend Benoît Battistelli put him there.