Bonum Certa Men Certa

The EPO's Dutch Appeal Court Judgment Controversy: List of Political Interventions

Epicenter of EPO controversy, not just windmills

A windmill



Summary: Dutch Socialist Party and Labour Party (among others) denounce the EPO's actions after newspaper articles in the Netherlands

SEVERAL sources contacted Techrights last month, sharing with the site a lot of documents that relate to the Dutch scandals. One source said s/he would send "press releases and questions raised by Dutch parliamentary members of the PvdA (Labour Party) and SP (Socialist Party) in the Dutch Parliament (Tweede Kamer) and the European Parliament."



Now that we finally have it all organised chronologically and logically we can present it in the interest of retention and future reference. We shall start with the Socialist Party, then proceed to other parties and some bodies outside of Netherlands. A lot of interventions could be found all over the place.

The European Federation of Public Service Unions was probably the latest to intervene. There was also the Dutch Labour Party, among others. Then there is the response from SP (Socialist Party). SP stated the following: (English translation [PDF])

SP: GOVERNMENT MUST NOT PERMIT HUMAN RIGHTS ABUSES



26 Feb 2015 ● The Court of Justice in The Hague last week ruled that the European Patents Organisation (EPO) is in conflict with important European fundamental rights, such as the right to strike. Security and Justice Minister Ivo Opstelten is, however, refusing to give effect to the judgment, on the grounds that the EPO – not an EU institution, but one with thirty-eight member states, including all EU countries - is an independent organisation and therefore enjoys immunity. SP Member of Parliament Michiel van Nispen finds this reasoning absurd, he says. ‘The minister is thus approving the silencing of trade unions and the fact that workers can’t in the end enforce their rights,’ he points out. ‘Independent organisations should not be hampered in their functioning, but that doesn’t mean that they have carte blanche to transgress human rights and ignore judicial rulings.’

The EPO has for a number of years been the site of conflict between management and workers. The organisation’s director refuses to recognise trade unions and even seeks to ensure that there is no contact between unions and EPO employees. The Court of Justice has ruled that this represents a limitation on the right to strike and in doing so transgresses fundamental principles of an open democracy and the democratic rule of law. SP Member of Parliament and labour specialist Paul Ulenbelt agrees, complaining that ‘this problem isn’t new. In the past, I’ve worked with the main Dutch trade union federation, the FNV, to hold the EPO liable for an occupational disease. The action failed because of their immunity. Social Affairs and Employment Minister Lodewijk Asscher should be persuading the European Union to limit the immunity of independent organisations to what this exception was intended for.’

Van Nispen and Ulenbelt both insist that the immunity and inviolability enjoyed by independent organisations must not lead to human rights abuses. They have asked the two government ministers responsible respectively for Justice and Employment, Opstelten and Asscher, to explain how to ensure that the workforce can access their rights and unions are not outlawed.


Here is the English translation (with original) [PDF] of additional questions put forth by the Socialist Party (see English-only version [PDF]):

Questions by the members Van Nispen and Ulenbelt (both SP) to the Ministers of Security and Justice and Social Affairs and Employment on the failure to respect the rights of staff unions (submitted March 2, 2015).



Question 1 Is it true that a conflict has been taking places for years between the management and a large part of the workforce at the European Patent Office (EPO) in Rijswijk? Is it true that the Director of the EPO does not recognize the staff unions and refuses to engage in dialogue with them, that e-mail traffic is blocked between the unions and members, that the right to strike has been restricted and that employees who express their disagreement are threatened with dismissal? 1 What is your reaction to this?

Question 2 What is your reaction to the ruling of the Appeal Court in The Hague that the EPO is violating the fundamental principles of an open and democratic state based on the rule of law and that its failure to respect the rights of trade unions to engage in collective action and collective bargaining is contrary to the European Convention on Human Rights? 2 How can this judgment, in which the Court ordered the contested measures to be revoked, be implemented?

Question 3 Why have you ordered that bailiffs cannot execute the judgment because of the immunity that this international organization is purported to have in the contracting states? 3 On what grounds exactly? Can you explain your decision in detail?

Question 4 Does this mean that a clear judgment such as that issued by the court last week is to have no consequences? Do you not find this to be an undesirable situation?

Question 5 What procedures exist for the staff and unions to enforce their rights? Are these effective?

Question 6 How far precisely, in your opinion, should the inviolability and immunity of an international organization extend?

Question 7 Do you believe that this immunity may ever extend to the point that an organization such as the EPO can violate fundamental rights which are generally recognized in Europe, without parties such as staff unions having access to an effective means of legal recourse against it?

Question 8 Do you agree that the rules regarding inviolability and immunity were never intended to be used to violate rights with impunity and to muzzle staff unions?

Question 9 Are you willing to do something as quickly as possible, but in any case to make use of the Dutch Presidency of the European Union to impel the EU to limit the immunity to serve the purpose for which it was intended? If not, why not?

Question 10 How can we prevent an international organization that enjoys immunity from doing whatever it wants? How is it ensured that the staff and the unions are not treated as “outlaws”?

Explanation:

These questions are in addition to previous questions from the members Kerstens and Maij (both PvdA), submitted February 27, 2015 (question number 2015Z03533 ).

1: Volkskrant, 26 februari 2015: €«Opstelten negeert vonnis gerechtshof€». http://www.volkskrant.nl/politiek/opstelten-bureau-mag-vakbond-weren~a3873491/ 2: Gerechtshof Den Haag, 17 februari 2015, C/09/453749/KG ZA 13-1239 3: Aanzegging ex artikel 3a, tweede lid, van de Gerechtsdeurwaarderswet, 23 februari 2015


Also see these original questions in Dutch [PDF].

PvdA's Kerstens and Maij asked the following questions [PDF], as mentioned the other day:

Questions by the members Kerstens and Maij (both PvdA) to the Minister of Security and Justice in the matter of the Judgment issued by the Appeal Court of the Hague against the European Patent Organisation (submitted 27 February 2015).

Question 1. Are you aware of the article “Opstelten: Appeal Court Judgment does not apply to European institution” published in the Volkskrant on 26 February 2015? http://www.volkskrant.nl/binnenland/opstelten-bureau-mag-vakbondweren~a3873491/

Question 2. Do you remember the earlier questions regarding working conditions at the EPO? Is it true that the tense situation continues to exist, including the restriction of the right to strike?

Question 3. Is it true that the EPO refuses to revoke the controversial measures in accordance with the judgment of the Appeal Court? If yes, what are the reasons for this?

Question 4. Is it true that you are not willing to facilitate the execution of the judgment as is usual in The Netherlands? If yes, can you explain your position? What is the legal basis of your power to prevent the judgment's execution? How often have you made use of this power in the last five years?

Question 5. On which legislation and international treaties does your decision to block the judgment's execution rely? Have you considered a more dynamic application of the existing legislation?

Question 6. Can you give an overview of recent European and Dutch jurisprudence relating to conflicts between the immunity of international organisations and the judgments of domestic courts?

Question 7. What is your reaction to the opinion of experts that your position is at odds with the rule of law and that you prioritise immunity over human rights? What is your reaction to the statement that this erodes the authority of the courts? What is your reaction to the statement that this leads to a further worsening of the existing problem of international organisations that place themselves above the law?

Question 8. What exactly do you mean when you say that the matter has "our attention" and "that of other member states"? What does this attention consist of and what is it aimed at?

Question 9. Is it possible that one of the parties appeals to the Hoge Raad (Dutch Supreme Court) or that "cassation in the interest of the law" is requested? Do you intend to request cassation in the interest of the law?

Question 10. Have you taken note of the recent ILO agreement between employers and employees regarding the right to strike and ILO Convention 87? Can you explain how the situation at the EPO relates to ILO Convention 87?


The Dutch Labour Party has also responded and here is the English translation of the press release [PDF]:

Conflict about social rights at the European Patent Office Is Europe applying double standards?



Why do employees of the European Patent Office in Rijswijk not have the same social rights as other workers in the Netherlands?

That is the question put by Dutch Labour Party MEP Agnes Jongerius to the European Commission in reaction to the long-running conflict between management and staff at the European Patent Office.

The employees of the patent office have no say, never mind co-determination, in relation to their working conditions at the Office. Their right to strike is severely curtailed. According to the management, the EPO is an international organization, which may determine its own staff regulations completely independently.

"Obviously that is crazy," says Agnes Jongerius. "In Europe we recognise the European Charter and the European Convention on Human Rights. In those legal instruments matters such as the right to strike are well-defined. And these norms are not supposed to apply to employees of what is - nota bene - a European agency. Is Europe applying double standards?"

The workers received some support in their fight this week from the Appeal Court in the Hague. The Court agreed with the staff that the EPO was violating fundamental principles of the rule of law. But VVD Minister Ivo Opstelten decided to consign this verdict to the wastepaper-basket. He is of the opinion that the EPO as an international organization is immune to the judgments of a national court.

Agnes Jongerius now wants the European Commission to intervene in the matter. And, also in the interests of all other European offices and agencies, to establish that European workers cannot and should not be deprived of their social rights. 2700 employees work at [the Hague sub-office of] the European Patent Office which processes patent applications for the entire European Union.

For further information: Paul Sneijder, Press Officer, Dutch Labour Party, Euro-Delegation, +32 475 386675


Agnes Jongerius was later mentioned by the following statement [PDF] (see original in Dutch [PDF]):

From: SD.Delegation NL Press Sent: Friday, February 27, 2015 15:35 To: Subject: Agnes Jongerius on the conflict at the EPO

Conflict about social rights at the European Patent Office Is Europe applying double standards?



Why do employees of the European Patent Office in Rijswijk not have the same social rights as other workers in the Netherlands?

That is the question put by Dutch Labour Party MEP Agnes Jongerius to the European Commission as a reaction to the long-running conflict between management and staff at the European Patent Office.

The employees of the patent office have no say, never mind co-determination, in relation to their working conditions at the Office. Their right to strike is severely curtailed. According to the management, the EPO is an international organization, which may determine its own staff regulations completely independently.

"That is of course crazy," says Agnes Jongerius, "In Europe we recognise the European Charter and the European Convention on Human Rights. In those instruments matters such as the right to strike are well-defined. And that is not supposed to apply to employees of what is - nota bene - a European agency. Is this a case where Europe is applying double standards?"

The workers received some support in their fight this week from the Court in the Hague. The court agreed with the staff that the Office was violating fundamental principles of the rule of law. But VVD Minister Ivo Opstelten decided to consign this verdict to the wastepaperbasket. He is of the opinion that the EPO as an international organization is immune to the judgments of a national court.

Agnes Jongerius now wants the European Commission to intervene in the matter. And, also in the interests of all other European offices and agencies, to establish that European workers cannot and should not be deprived of their social rights.

2700 employees work at [the Hague sub-office of] the European Patent Office which processes patent applications for the entire European Union.

For further information: Paul Sneijder, Press Officer, Dutch Labour Party, Euro-Delegation, +32 475 386675


Lastly, here is a letter sent by Agnes Jongerius [PDF]:



EUROPEAN PARLIAMENT

FORM FOR THE SUBMISSION OF A QUESTION WITH A REQUEST FOR A WRITTEN ANSWER (Article 130)

SUBMITTED BY: Agnes JONGERIUS

SUBJECT: Injustices at the European Patent Office (EPO) in The Hague

TEXT: Following a case brought by the staff of the European Patent Office in The Hague complaining inter alia that they were not involved or had any say in (labour) matters of the Office, and that their right to strike had been restricted by the management, the Court held that as a European body the EPO can not fall outside the legal order created by the standards of the European Convention on Human Rights (ECHR) and those to which the EU is bound to adhere. The EPO set this judgment aside on 17 February.

1. In view of the fact that the Commission has delegated certain powers to the EPO, does the Commission agree that the EPO must adhere to the European Charter and the ECHR as a minimum requirement in all its activities, including its cooperation with the EU and its relations with the staff and unions?

2. Can the Commission confirm that it has expressed its concerns about the conduct of the EPO Administration and has requested it to restore social dialogue in line with the norms and values of the EU?

3. What steps does the Commission intend to undertake if the EPO does not follow the court's ruling and continues to place itself outside European legal norms.


"The European Federation of Public Service Unions (EPSU) has also [showed interest in] an intervention," a source told us. "Details can be found here and the EPSU page refers to a further intervention by the Dutch MEP Agnes Jongerius." (original Dutch press release and translation above). There are documents in this page (letters, questions, etc.) and the introductory text states:

European Patent Office Management places itself outside of European legal order



Management of the European Patent Office stated that they would not respect the verdict of a Dutch court arguing immunity from the European legal order. This is not acceptable and EPSU has written to management in support of the unions demands.

Relations between the unions in the European Patent Office (represented by SUEPO, an affiliate of EPSU affiliated union USF) have not been well for sometime as management of EPO is blocking access of the union to negotiations, does not allow access to the email system and blocks the union’s emails to members and workers and is threatening workers that want to engage in industrial action with repercussions. Staff representatives that speak out openly also fear disciplinary action. The branch of the union in The Hague brought its case to the attention of the Dutch Court. It ruled in favour of the union, referring to the European legal order of the European Court of Human Rights (and the Social Charter of the Council of Europe).

The Dutch Court ruled that the European Patent Office: - Has to grant access to the email system to the union. Trade union representatives that use their work email address for trade union related activities can not be threatened with disciplinary action. The union should be allowed to send bulk mails to members and workers;

- Prohibits management of EPO to impose a maximum duration of possible strikes;

- Management of EPO should allow the union to participate in collective bargaining within 14 days after the ruling.

The Director Mr. Batistelli however issued an internal communication in which he argued that EPO has immunity being an international organisation of Member States, that the verdict of the Dutch court does not apply and that he therefore does not intend to grant the demands of the Court. A conservative minister in the Dutch government approved this vision. It is contested by experts in international law. EPSU has written to management of EPO to respect the verdict and questions have been raised in the European Parliament.


More EPO interventions or public objections may have taken place and we would love to know if we missed important ones. More questions in the Dutch Parliament are in official sites, with original and English translations shown above.

Comments

Recent Techrights' Posts

IBM's Alderon as "Silent Layoffs", Not Just Bailout From Taxpayers
Seeing through the noise
Laptop Bricked After Microsoft Certificates Expiry
Is "Jim" dead?
Five Years After Its Formation Libera.Chat Has the Most Simultaneous Users in Internet Relay Chat (IRC)
netsplit.de also measures the cross-network total at over 300k, probably for the first time in years
 
Week of Microsoft Layoffs, Maybe Record-Breaking Scale
They will mislead about the scale
Links 28/06/2026: More Om Malik Eulogies, Cloudflare Promotes Web Browser Monocultures
Links for the day
'Modern' Web: "Stop! You Are Browsing Too Fast!"
Can the Web ever recover from this?
Pensions Tied to Ponzi Schemes Are Themselves Ponzi Schemes
Pensions are becoming more like that as well
Monoculture in Europe as National (or Continental) Security Threat
We need more browser diversity
Canada 5-0: GNU/Linux Rises to 5.0%, Windows Rapidly Falls to New Lows
Will we be seeing 6-0 (6%) by year's end and will Microsoft be shown two red cards?
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Sunday, June 28, 2026
IRC logs for Sunday, June 28, 2026
Gemini Links 29/06/2026: Sansieviera, HiFi, and Self-Signed Certificates
Links for the day
Outsourcing is Not Security
Outsourcing to Microsoft is the opposite of security
Links 28/06/2026: Turkey's State Broadcaster Suspends Commentator, Journalists Under Attack
Links for the day
Debugpoint.com Turns to LLM Slop for 'Help'
This is how sites die
Follow the Real Security Experts
Werner Koch
Assessing the Upcoming (July) Proprietary/GAFAM Cuts
The total (or %) matters to us because it can help shed light on what scale of layoffs to expect next week
Microsoft Lunduke Does Not Correct or Clarify Misinformation That He Posted (or Repeats It Instead)
Not the first time [...] detracts and/or distracts from legitimate criticisms
How Not to Do Security
Asking Microsoft for permission
Gemini Links 28/06/2026: Simulation Theory and Pursuit of Novelty
Links for the day
The Slop 'Religion' is Dying: From Widespread (Paid-for) Hype to Widespread Hate
Wait till "sentiment" in Wall Street - not just general (public) "sentiment" - shifts strongly against slop
For Whistleblowers' Sake, Choose Hosting Platforms Wisely
Techrights is hard to 'sedate'
How to Discreetly Leak Important Information to Techrights
Some years ago we published multi-part series about how to contact us securely
Expect Many More Whistleblowers From Microsoft
We envision many pissed off workers from Microsoft will become whistleblowers after next week's giant wave
Efforts to Resume Progress on FreeJS, LibreJS, and Reduce Dependence on Microsoft
It's still in a relatively early development stage
Whistleblowers Improve the World
we should appreciate and respect whistleblowers
Microsoft Windows Plunges to All-Time Lows in Japan
Microsoft is disintegrating; many people no longer use (nor need) Windows
GNU/Linux Turns 43 in 3 Months From Now
The Manifesto of the Free software movement (GNU Manifesto, 1985) turned 40 last year
SLAPP Censorship - Part 121 Out of 200: One Day We'll Discover What Company or Rich Person/s Funded the Lawfare Against Us
Even if the law firm shoulders some of the losses, then it is in effect an investor in the lawfare, according to established caselaw
Working on "Linux", But on Microsoft's Payroll
Under the totally false guise of "security" those same people are now promoting TPMs and other horrible things
Links 28/06/2026: Energy Crunch, EEE by Microsoft, and John Bolton Pleads Guilty in Dictatorship of SLAPPs
Links for the day
Jim Not Dead Yet
Let's wait a few more days
Microsoft Layoffs So Big They Cannot Even Wait for 'D-Day' (July 1)
"Layoffs at Xbox Appear to Have Already Begun, with Multiple Compulsion Games Employees Announcing Their Departures"
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Saturday, June 27, 2026
IRC logs for Saturday, June 27, 2026
Links 28/06/2026: Heatwave in Europe and Media Failing to Actually Criticise Power
Links for the day
Gemini Links 28/06/2026: Poems, Photographs, and Neoliberalism as Religion
Links for the day
SLAPP Censorship - Part 120 Out of 200: Garrett Undermines His Own Application Because His Friend Graveley Failed to Accomplish What They Had Both Aimed For
Hold off the "popcorn"
Don't Settle for Slop
Slop is a bit of a symptom of where society is told to go
Gemini Links 27/06/2026: Photography From Interlaken to Shynige Platte, Slop 'Code', and Distro Hopping
Links for the day
TIGER COMPUTING LTD Sent Us Threats Half a Decade Ago (Because of Criticism of Their In-House Debian Developer), Now the Company's Debt is Deepening
So what is they're connected to the military?
GNU/Linux in Mexico Near All-Time High
With all the tourists packing the place (or hotels) we can imagine big changes to be seen next month (many portable devices)
Summer Plans in Tux Machines
July is nearly upon us
Gopher (Protocol) Turns 35, Gemini is 28 Years Younger
Bad technology comes and goes very fast
Be Like Stallman and Assange, Not Like MElon or Bill Epsteingate
these people treat women like worse than dirt
Exposure Leads to More Whistleblowing
In areas like IBM or European patent affairs we've always earned a lot of trust
European Patent Office (EPO) Series Will Run Well Into July
We still have a very significant chunk of EPO "trench" stories
Links 27/06/2026: Journalists Kicked Out of China, Torture in Iran and Turkey
Links for the day
How Microsoft is Preventing or Slowing Down Adoption of GNU/Linux (Fake 'GNU' Controlled by GitHub in Windows, WSL, Sabotage at Boot Level, Not Limited to Dual-Booting)
Microsoft is still at it
Rising Computer Prices Good News for GNU/Linux and Free Software
This can greatly assist the adoption of BSDs and GNU/Linux
Links 27/06/2026: More Restrictions on Social Control Media and Russia is Leveraging Cellebrite/Back Doors
Links for the day
Saying "No" is Not a Bad Thing
Society benefits from people who say "No!" even when it seems impolite (and possibly inconvenient) to say so
Next Week's "Bloodbath" at Microsoft Includes "Silent Layoffs" (Which Microsoft Won't Count)
The notion of "silent layoffs" is fast becoming the "new normal"
Akira Urushibata on the Likely False (Unverifiable) Claims Anthropic Makes About Defects for Marketing/Hype
Some pro-LLM person has managed to derail the discussion on this topic
European Patent Office (EPO) Series: "Team Campinos" in Split
The EPO team was of course headed by Campinos himself who delivered a "forward-looking" keynote speech to the assembled audience consisting mainly of Administrative Council delegates from the national IP offices
Supporting Women in the Free Software Community
The common theme here is abuse of women
Left IBM After Many Years, Came to Microsoft/XBox, Now Silent Layoffs at XBox
many inside XBox will have their last day next week
Gemini Links 27/06/2026: Homeworlds and Tarot Cards
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Friday, June 26, 2026
IRC logs for Friday, June 26, 2026