Bonum Certa Men Certa

English, French and German Translations of Dutch Article About EPO Abuses

de Volkskrant front page



Summary: An article from "de Volkskrant" with translations, regarding Benoît Battistelli and the now-disgraced Opstelten who defended Battistelli's assault on staff

FIVE weeks ago the Dutch media covered the situation at the EPO. One piece came from de Volkskrant, with "a circulation of approximately 250,000 nationwide." We now have English, French and German translations [PDF]. Since this is an English-speaking site, here is the English version:



Benoît Battistelli, Director of the EPOrg, does not recognise trade unions. He has had email communication between trade unions and members blocked. €© EPA

Opstelten: court ruling does not apply to European institution



According to the court, an organisation in Rijswijk breaches the rule of law. No, says the Minister, it has immunity.

By: Willem Feenstra 26 February 2015, 06:26

Ivo Opstelten, Security and Justice Minister. ۩ ANP

Minister of Security and Justice Ivo Opstelten has binned the ruling of the Court of Appeal in The Hague. The ruling states that the European Patent Organisation (EPOrg) violates the fundamental principles of an open and democratic state under the rule of law. However, according to Opstelten, the European organisation enjoys immunity.

For years there has been a conflict at the EPOrg between management and a large portion of the employees. Director Benoît Battistelli is allegedly conducting a reign of terror and is averse to objection. He does not recognise trade unions and refuses to enter into discussion with them.

Measures

In order to counter organised opposition, the management of the organisation has blocked email communication between the unions and their members.

The task of the European Patent Organisation is to grant patent applicants a patent in a large number of European countries by means of a single application. The establishment in Rijswijk is, with 2,700 employees, the largest after Munich. In order to counter organised opposition, the management of the organisation has blocked email communication between the unions and their members. The right to strike has been restricted and employees expressing disagreement are threatened with disciplinary measures and dismissal. The trade unions are also not welcome at the negotiation table.

Those measures are contrary to the European Convention on Human Rights (ECHR), so ruled the Court of Appeal in The Hague last week. ‘After all, this case concerns the rights of trade unions to take collective action and conduct collective negotiations, i.e. rights which belong to the fundamental principles of an open and democratic state under the rule of law.’

The Court ordered the Patent Office to reverse the disputed measures. In an internal statement, Battistelli has already indicated that he is not to going to adhere to this. According to him, the Patent Office, as an international organisation, is autonomous in the area of personnel policy. The internal rules were to form its own legal system in which a national court may not intervene.

Immunity

This means that these buildings may not be entered and enforcement action cannot be taken by Dutch authorities, or at any rate not without the consent of the President of the EPOrg.

Ivo Opstelten, Minister of Security and Justice

The Court of Appeal acknowledges that the Patent Office is an international organisation which can claim immunity but ‘this autonomy does not in any case stretch so far that the EPOrg could breach generally recognised fundamental rights in Europe without parties, such as the trade unions, being able to seek an effective remedy against such’.

Opstelten sees this differently. According to him, offices of the Patent Organisation in all contracting States enjoy immunity. This means that these buildings may not be entered and enforcement action cannot be taken by Dutch authorities, or at any rate not without the consent of the President of the EPOrg. He has ordered the court bailiff not to execute the enforcement orders in the judgement.

Immunity above human rights

Opstelten relies on an Act from the seventies. This must be applied dynamically, but he takes a very conservative view.

Cedric Ryngaert, Professor of International Law in Utrecht.

According to the Ministry of Foreign Affairs, the conventions to which the Netherlands is subject in respect of the EPOrg are clear: no enforcement measures can be taken against the Patent Organisation in the Netherlands. ‘With the order, the cabinet therefore opts not to take sides in the underlying dispute,’ according to a spokesperson. ‘This has been done to observe the obligations of the Netherlands under the conventions. We make no public statements on the underlying dispute. This does not affect the fact that we, and other Member States, continue to monitor the situation.’

According to experts, Opstelten’s position is at odds with the rule of law and he chooses immunity over human rights. ‘Legally he might have the law on his side, but in view of the constitutional system this appears very odd,’ according to constitutional law expert and Senator Hans Engels. ‘It is exceptional that these kinds of powers lie with a minister. And I don’t mean this in a positive sense.’

Cedric Ryngaert, Professor of International Law in Utrecht, considers the order by Opstelten exceptional. ‘Basically he erodes the power of the Court. International organisations are going to increasingly put themselves above the law, which is already a problem now. Opstelten relies on an Act from the seventies, which must be applied dynamically. Instead he takes a very conservative view.’


About a week after the publication of this report Opstelten was found to be corrupt and he stepped down. Supporting criminals seems to be his 'thing'; it's not about justice.

Recent Techrights' Posts

When People Call a Best/Close Friend of Bill Gates a "Serial Rapist"
Good thing that the Linux Foundation keeps the "Linux" trademark ("Linux Mark") clean
Microsoft Bankruptcy in Russia, Shutdown in Pakistan, What Next?
It seems possible that in 2025 alone Microsoft will have laid off over 50,000 workers
What Matters More Than "Market Share"
The goal is freedom, not "market share"
Credit Suisse collapse obfuscated Parreaux, Thiébaud & Partners scandal
Reprinted with permission from Daniel Pocock
UK Media Under Threat: Cannot Report on Data Breach, Cannot Report on Microsoft Staff Strangling Women
The story of super injunction (in the British media this week, years late)
Under the Guise of "MIT Technology Review Insights" the Site MIT Technology Review Posts Corporate Spam as 'Articles'
Some of the articles aren't even articles but 'hit pieces' against Free software and some are paid advertisements
Brett Wilson LLP Has Track Record in Scam Coin Cases (e.g. Craig Wright and More), Now It Works for 'Crypto' Scam Purveyors
But wait, it gets worse
Will Brett Wilson LLP Handle Its Own Winding Up Petition or be Struck Off for Overt Abuse of Process?
Today we sue not only the first Microsofter
 
CALEA / CALEA2 is the Real Problem, Not Chinese Operatives Exploiting CALEA / CALEA2 (as Any Other Nation Can)
CALEA / CALEA2 is more of a front door than a back door
99.99% Uptime in First Half of 2025
Since January there was only one noticeable outage
Nils Torvalds and Anna "Mikke" Torvalds (née Törnqvis) Hopefully Use GNU/Linux by Now
"Torvalds Family Uses Windows, Not Linus’ Linux"
Attack of the Slopfarms
FUD-amplifying bots with slop images, slop text (LLM slop)
Not My Problem, I Don't Care
Context/inspiration: Martin Niemöller
Honest Journalism About the European Patent Office Ceased to Exist After SLAPPs and Bribes to the Media
The EPO is basically a Mafia
Life Became Simpler When I Stopped Driving and I Don't Miss Driving When I See "Modern" Cars
Gee, wonder why car sales have plummeted...
Why I Believe Brett Wilson LLP and Its Microsoft Clients Are All Toast
So far our legal strategy has worked perfectly
EPO Jobs Are Very Toxic and Bad for One's Health
Health first, not monopolies
Response to Ryo Suwito Regarding the Four Freedoms
the point of life isn't to make more money
Microsoft's Morale Circling Down the Drain
Or gutter, toilet etc.
Tech Used to be Fun. To Many of Us It's Still Fun.
You can just watch it from afar and make fun of it all
Links 17/07/2025: "Blog Identity Crisis" and Openwashing by Nvidia
Links for the day
Greffiers and the US Attorney of the Serial Strangler From Microsoft
The lawsuit can help expose extensive corruption in the American court system as well
The People Who Promoted systemd in Debian Also Promote Wayland
This is not politics
Victims of the Serial Strangler From Microsoft, Alex Balabhadra Graveley, Wanted to Sue Him But Lacked the Funds (He Attacked Their Finances)
Having spoken to victims of the Serial Strangler From Microsoft
Links 17/07/2025: Science, Hardware, and Censorship
Links for the day
Gemini Links 17/07/2025: Staying in the "Small Web" and Back on ICQ
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Wednesday, July 16, 2025
IRC logs for Wednesday, July 16, 2025
Exclusive: corruption in Tribunals, Greffiers, from protection rackets to cat whisperers
Reprinted with permission from Daniel Pocock
Links 16/07/2025: Chip Bans and Microsoft’s “Digital Escort” Program
Links for the day
Ubuntu Becomes Microsoft GitHub, Based on Decision Made by British Army Officer
You're hopeless, Canonical
Revolving Doors: One Day You're a Judge, the Next Day You're an Attorney Paying Public Officials and Working for Violent and Dangerous Microsoft Employees
how the US justice system works
Sharing Code and Recipes
It helps explain the triviality of software freedom
Slopwatch: Noise, Plagiarism and Even Fear, Uncertainty, Doubt/Fear-mongering/Dramatisation
What are we meant to do to prevent a false association or misleading connotations? Game the LLMs? No. Boycott slopfarms.
How Many Women Has Microsoft's Alex Balabhadra Graveley Already Strangled and Where Does That End?
If you too are a victim of this man and wish to share information, contact us
Gemini Links 16/07/2025: BaseLibre Numerical System and Simple Web Browsing with TLS
Links for the day
Links 16/07/2025: Fascist Slop Takes "Intelligence" Clothing, New Criminal Case Against MElon
Links for the day
"We Might Save Somebody's Life"
I follow the example of my father
Why I am Suing the Serial Strangler From Microsoft, Alex Balabhadra Graveley, in the UK High Court This Week
Out of respect to the process and to the Court, I shall not share any pertinent details about the case
Links 16/07/2025: China’s Economy Grows Steadily, France Takes Action Regarding Harm to Children by GAFAM and Fentanylware (TikTok)
Links for the day
It is Not About Politics
Beware the people who try to make this about politics
Good Journalism Saves Lives
a shocking number of women die or get seriously hurt every day due to violence from a partner
Recognition of Women's Contributions to Free Software
Being passive is not an option when bad things are happening
Slopfarms Are Going to Perish Because Public Opinion is Changing
Many slopfarms will simply go offline
19 Years of Standing Up for Justice, Equality, and Truth
This week we shall take it up a notch
Gemini Links 16/07/2025: Tmux and OCC25 Working TLS
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Tuesday, July 15, 2025
IRC logs for Tuesday, July 15, 2025
Links 15/07/2025: LLM Pollution and Pushback in Ukraine
Links for the day
Gemini Links 15/07/2025: xkcd, New Cert, and Alhena Gemlog
Links for the day
Links 15/07/2025: Press Freedom at Risk and New Facebook Blunders
Links for the day
Reboots Should Never be Necessary
"BUT WHAT ABOUT SECURITY!!"
There's Still Hope for the World Wide Web
Let's hope that the trajectory of the Web won't be leading us to over-reliance on Google, nor will it reward worthless slopfarms
Gemini Links 15/07/2025: Smolweb and Alhena 5.1.7
Links for the day
The Danes Want GNU/Linux
David Heinemeier Hansson recently moved to GNU/Linux
Cory Doctorow Explains Why Software Freedom Matters, Whereas "Open Source" Misses the Point and Helps Monopolies
It's a very long article
BillPR (EpsteinGate-Bribed NPR) is Turning Into a Partial Slopfarm that Promotes Slop
"I went on a date with a chatbot!"
Two Weeks Passed Since Latest Large Wave of Microsoft Layoffs, More Expected Next Month
Blaming the debt on "AI" is just self-serving storytelling
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Monday, July 14, 2025
IRC logs for Monday, July 14, 2025
Gemini Links 15/07/2025: Gemini "Style Sheets" and Switching From Microsoft GitHub to Codeberg
Links for the day