Bonum Certa Men Certa

Chairman of the Enlarged Board of Appeal (EBoA) and EPO Vice-President of DG3 Suspiciously on Unlimited Sick Leave After Benoît Battistelli's Unprecedented Attacks on Other EBoA Staff

Wim Van der Eijk
Photo from EPO.org



Summary: Rumours suggest that Benoît Battistelli's affairs at the EPO may have something to do with Wim Van der Eijk's longterm absence

IT IS widely known by now that, due to (probably legitimate) criticism of Željko Topić, Battistelli (arguably) illegally suspended a judge and attacked the EBoA (among other boards).



"The present VP3," says this comment, "Mr Van der Eijk, is on unlimited sick leave and thus out of function."

Well, "unlimited sick leave" at the notorious office which treats sick staff like liars and cheats must really mean something. Remember how the EPO framed the suspension of a judge in order to overcome serious legal issues, or create uncertainty and doubt. It's like assassinating someone, then calling it an "unfortunate accident".

To quote some sarcastic comments about this: "Sounds like a bloody malingerer to me. He should be immediately summoned to a medical examination by one of the President's doctors. And of course subject to strict "house arrest" ..."

Another one says: "The President has an interest in keeping VP3 at home as at work he does only damages, i.e. he's unable to control the chairs and the members who are too independent and do not obey orders."

Another goes like this: "VP3 has always been a silent subordinate of the President and never had the guts to show disagreement with the mad line imposed upon the staff. Now, under house arrest, he has the time to meditate and understand the true nature if [sic] the President. Too late for coming out!"

Here is an important new comment: "VP3 has been appointed by the Administrative Council under Article 11 EPC and thus subject to the disciplinary authority of the Council - not that of the President. It is not clear whether the President can actually impose "house arrest" on him.

"Apart from that he can only be removed from office as the Chairman of the Enlarged Board of Appeal on a proposal of the Enlarged Board of Appeal (Article 23(1) EPC)."

"Given how Battistelli historically dealt with boards like these, one shouldn't be hastily accused of making a mountain out of a molehill."The latest mystery, to put it politely or even just prudently, is why he's away for so long.

"For your information," told us a source, "the Vice-President in charge of the EPO Boards of Appeal (known internally as DG3) is on extended sick leave [...] Mr van der Eijk is the Vice-President of DG3 (VP3) and also the Chairman of the Enlarged Board of Appeal." [Wikipedia says "Wim van der Eijk (born ca. 1957) is a Dutch civil servant, currently Vice-President of the European Patent Office (EPO), head of the Boards of Appeal of the EPO, known as DG3 (Directorate-General, 3, Appeals), and Chairman of the EPO Enlarged Board of Appeal."]

Given how Battistelli historically dealt with boards like these, one shouldn't be hastily accused of making a mountain out of a molehill. Also remember the gag orders that Control Risks and the I.U. use against staff like Elizabeth Hardon whilst under investigation/interrogation [1, 2]. "The Enlarged Board of Appeal," as someone explained to us, "is one of the few instances which - at least on paper - enjoys some independence from the EPO President although he seems to have been doing his best to interfere in its workings over the last year or so.

"Internal rumour at the EPO has it that some recent decisions of the Enlarged Board of Appeal have not been to Battistelli's liking."

We covered this before. The Enlarged Board of Appeal and other boards have been under bombardment (at times silent) by Battistelli and his ilk.

Our source "can't say at this point whether there is any connection between these events and the sudden mysterious "indisposition" of VP3. But it definitely looks like there is something fishy going on behind the scenes."

As we explained about a year ago, the Administrative Council is now in Battistelli's pocket and largely subservient to him.

"If the Administrative Council was doing its job properly," told us another source, "they should investigate what exactly is going on. But if past performance is any indicator, they are more likely to stick their heads in the sand at the upcoming quarterly meeting on 14th/15th October."

Recent Techrights' Posts

Slopwatch: Brian Fagioli, Google News, and Other LLM Slopfarms
Why does Google News keep promoting these fake articles?
Links 29/10/2025: Amazon Kept "Data Center Water Use Secret", "Abuse of Power" Against Media
Links for the day
Gemini Links 29/10/2025: "My Hardware Specs" and "Goodbye Debian…"
Links for the day
EPO Cocainegate: Feedback and Clarifications
Part III will come out soon
Links 29/10/2025: "US Military Is Destroying the Planet Beyond Imagination" and Boat Strikes Deemed Unlawful
Links for the day
Quality Comes First (Techrights Search)
It's generally working already, but we wish to polish it some more
Techrights Party Countdown
Late next week we'll be holding a party near our home
European Parliament and Council Directive on Privacy is Vanishing
"edited / censored some time more recently"
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Tuesday, October 28, 2025
IRC logs for Tuesday, October 28, 2025
Slopwatch: The March of Slopfarms, From UbuntuPIT to Linux Journal and to Various Fake Sites Still Promoted by Google News
It's so worrying to see what the Web has become
Links 29/10/2025: CISA, Ukraine, and Amazon Problems
Links for the day
[Teaser] The EPO's Spokesperson, a Cocaine User, Fancies Young Women
How's that for "optics" in the EU and Europe's second-largest institution?
How Will António Campinos Respond to the EPO's 'Cocainegate'?
That's the same thing we saw and still see when the press deals with enablers and partners of Jeffrey Epstein
Join Us Now and Share the News - Part IV: There Cannot be Free Software Without Free Press and Free Information
One day, one can hope, more people will recognise that for Software Freedom we need free press and free thinkers
Join Us Now and Share the News - Part III: Principled Stance Is Never Cheap
Protecting the truth and insisting that the general public is made aware of things that really happened isn't cheap
Join Us Now and Share the News - Part II: Because Scarcity of Accurate Information Breeds Collective Ignorance
we too will strive to share information that's aggressively suppressed
Gemini Links 28/10/2025: More New Arrivals at Geminispace, xkcd on "Document Forgery"
Links for the day
Join Us Now and Share the News - Part I: Defence of the Truth
This year we make a very strong, firm statement for truth, even if that means explaining our work to the top media judge in the country
Links 28/10/2025: Meta and Fentanylware (CheeTok) Age-Restricted Down Under, "Britain Needs China’s Money"
Links for the day
Links 28/10/2025: Mass Layoffs at Amazon and Charter to Cut 1,200 Jobs
Links for the day
The Cocaine Patent Office - Part II: The Person Who Planted Paid-for Fake News for the European Patent Office (EPO) is a Cocaine User, Friend of António Campinos, Now on Record as Having Been Arrested
Background: High-level manager at the European Patent Office caught in public with cocaine, arrested
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Monday, October 27, 2025
IRC logs for Monday, October 27, 2025
Google News Drowning in Slop (and Slopfarms That Hijack About Half the Results)
Google News seems to be drowning in this stuff
Gemini Links 28/10/2025: "How to Maximize Your Positive Impact" and ASCII Art and Artist Attribution
Links for the day
PETA and Activism
Being staff or volunteer in PETA isn't easy
Big Blue, Huge Debt
debt will soar again
Links 27/10/2025: Mass Surveillance Sold as "AI", People Reluctant to Lose Physical Media
Links for the day
Parties and Milestones Again
we've begun putting up about 40 balloons
Techrights' 19th Anniversary: Bronze
Time to go back to preparing for this anniversary
Our Latest European Patent Office (EPO) Series Will Last Several Weeks, Will Ask the EPO Management and the European Union (EU) Very Difficult Questions
If nobody loses a job (or jobs) over this, then the EU basically became no better than Colombia or Nicaragua
Slopwatch: LinuxSecurity, UbuntuPIT, Brian Fagioli, and Google News
We focus on stories that are fake or LLM slop that disguises itself as "news" about Linux
Links 27/10/2025: Wikipedia Vandalism, Bruce Perens Opens up on Childhood
Links for the day
This Site Could Not be Done by LLMs Even If It Wanted to (Because It's Not a Parrot of What Other Sites Say)
LLMs have no knowledge or deep understanding
Microsoft is Disloyal Towards Its Most Loyal Employees
Against its most faithful enablers
19 Years, No Censorship
No factual information is ever going to be removed, more so if it is in the public interest
We Are Not a Conventional Site, That's Why They Hate (or Love) Us
Throughout the week this week we'll be focusing on the EPO
Following the Line of Cocaine All the Way to the Top
Even a million denials and spin-doctoring won't distract from the core issue
The Cocaine Patent Office - Part I: António Campinos Brought Corruption and Nepotism to the EPO, Then Came the Cocaine
High-level manager at the European Patent Office (EPO) caught in public with cocaine, the Office has some answering to do
Purchasing/Possessing Computers Isn't the Same as Controlling Computers
Let's strive to put computers back under the control of their users, no matter who purchased these (usually the users)
Gemini Links 27/10/2025: Alhena 5.4.3 and Fixing Bash
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Sunday, October 26, 2025
IRC logs for Sunday, October 26, 2025
Thankfully We've Made Copies of More Interesting Data From statCounter
If statCounter (the Web site or the 'webapp') vanished overnight, we'd still have something left of it
More Silent Layoffs at IBM/Red Hat
when the media counts such layoffs or presents tallies the numbers are very incomplete