Bonum Certa Men Certa

Battistelli is an Autocrat Above the Law and It's OK, Holland's High Council Says

Grabbing the EPO by the *****

Battistelli Trump



Summary: Battistelli's autocratic tendencies will not be challenged by Dutch authorities, in spite of sheer condemnation from many groups all across Europe and the entire world

THERE IS some bad news regarding the EPO, as it turns out that the Dutch court is unwilling to do anything about Eponia's abuses (the photo in the article has been changed for some reason, but we got a copy and modified it slightly). "Excellent article," called it an anonymous insider. "Bravo to Mr König and the NRC. Translation desperately needed for our non-dutch speakers..."



"It's grave news," Petra Kramer (Dutch speaker) said. "The High Council chose Batistelli's side."

Well, Battistelli's 'side' is that he's immune from the law. It's hardly a side to be proud of (in the words of the insider: "Greed for money and power was determinant?") and this decision is not particularly surprising after what the Advocate General said some months back. Kramer will supply us with a full translation of the article from NRC (media behemoth in the Netherlands). We'll add it below when it is ready.

Update: Here is the translation from Kramer:

Patent Office in Rijswijk remains immune



European Patent Office

The European Patent Office in Rijswijk, and its temperamental chief Battistelli, get a lot of criticism. Judges in the Netherlands are not allowed to intervene.

Can an employer in the Netherlands have a private investigator interrogate employees without a lawyer present? Is he allowed to dismiss union leaders or decrease their salary or pension? Is he allowed to refuse to labor inspections after a suicidal employee jumps out of a window of the office?

It all happened at the European Patent Office in Rijswijk. And Dutch judges are unauthorized to decide about the patent office. That's what the Supreme Court on confirmed on Friday in a long-awaited decision. The Patent Office is an international organization which enjoys legal immunity in the Netherlands, says the Supreme Court.

In other words, the patent office is a kind of legal island in the Netherlands. The Supreme Court verdict is important for all forty international organizations in the Netherlands, such as the International Criminal Court and the European Space Agency. For union SUEPO of the patent office this is a severe setback.

The Bureau approved patent applications and grants patents that are valid in all 38 member countries. With clients such as Philips, Samsung, LG and Siemens, the patent office is important for the European market protection. The agency employs 7,000 specialist, well-paid workers in Germany, Austria, Belgium and the Netherlands.

Temperamental CEO

The patent office is also notorious for his temperamental French President Benoît Battistelli (66). The CEO has long been at war with SUEPO union, which claims to represent half of the staff, but is not officially recognized. Last year, three union representatives have been dismissed and three others have been demoted. SUEPO denounces the pressure of work, authoritarian management and legal status of employees.

The battle hardened when the Hague Court of Appeal ruled in early 2015 that the agency should not limit strikes, union emails should not be blocked and the union must be recognized. Then Minister of Justice Ivo Opstelten (VVD) ordered bailiffs not to execute the judgment in order to ensure the immunity of international organizations: an unusual situation.

The patent office then went in appeal to the Supreme Court, with the support of the Dutch state, which joined as a party. The Netherlands doesn't want to drive out other international organizations, because it is bad for the reputation of the business climate and the economy. Battistelli delicately reminded the Cabinet last year that his office adds "1 billion" in sales to the Dutch GDP and invests "250 million" in a new high-rise building.

The Supreme Court has reversed earlier judgments of the preliminary court and the Hague Court. Labor rights are sufficiently protected by the internal disputes procedure. They can also appeal to the International Labour Organisation in Geneva.

But the dispute procedure is shaky and the road to Geneva is long, employees say. All that remains now is one solution SUEPO's lawyer Liesbeth Zegveld said prior to the Supreme Court:
"A lawsuit against the Dutch state because the violation of trade union rights take place on Dutch territory. Does the state do enough to prevent this? The answer is no."


Exploitation

Next month a parliamentary debate on the working conditions will be held. In a parliamentary debate last month, the patent office has already been criticized by SP and D66 and government parties PvdA and VVD. The PvdA cited the example of exploitation of Libyan and Sudanese staff in London. Didn't a British judge allow the European Convention on Human Rights to still outweigh the "diplomatic immunity"?

The conflict forces Netherlands in a strange dilemma. The state supported the patent office in the courtroom, but at the same time the government is critical. Secretary Martijn van Dam (Economic Affairs, Labour) recently expressed in a letter his concern about the "difficult relationship between unions and senior management." During the introductory interview which Van Dam held with Battistelli last year the Frenchman walked out the meeting in anger.

The Dutch patent world is concerned, says a spokesman for Economic Affairs. The Netherlands are represented by Derk-Jan de Groot, director of the Netherlands at the Patent Office. Together with other major patent countries like Germany, France, Sweden, Switzerland and the Netherlands is among the critical countries.

The problem is that the management board of all Member States, the highest body is too big and too diverse to reach a solution. Last year there seemed to have been a revolution, when 26 of the 38 Member States (with 12 abstentions) called Battistelli to a halt. They asked for arbitration in the conflict, cessation of ongoing proceedings against trade unionists and reform of sanctions. But almost all the proposals have been delayed, hence the situation "has not improved," according to a spokesman for Economic Affairs. One SUEPO member who was overwrought and therefore on sick leave at home, was subsequently fired. It seems that all parties are intent to let Batistelli serve out his second term which ends on June 30 next year.

The patent office welcomes the "confirmation of the legal immunity" by the Supreme Court and "will continue to work to strengthen the social dialogue," a spokesman said.

Recent Techrights' Posts

Investigative Journalism Protects Society From Corruption, Crimes Against Women, Assaults on Civil Society
"what is the point of men doing military practice to defend a system that is so rotten?"
Swiss pimp usurping reputation of legendary Tissot boss Francois Thiébaud from France (BaselWorld, SWATCH Group SA)
Reprinted with permission from Daniel Pocock
Paris 'Love Nest' & Debian Outreachy: from Lycée Lakanal to ENS Cachan, Cr@ns, nepotism
Reprinted with permission from Daniel Pocock
Richard Stallman to Give Public Talk in 3 Hours, Then in the Technical University of Munich (Germany) Next Week
Richard Stallman at TUM on 21.10.2025 18:00, MW2001
Leaks and Whistleblowers: Our Plan for Today
Society simply cannot advance when too many people self-censor
The Same People Who Attacked Richard Stallman (RMS) Are Attacking Daniel Pocock to Discourage People From Listening to His Information
Pocock is being demonised for the same reasons and by the same people who attack RMS
We Are Safe in a Modern "Tech" Society, Right?
People are safer if they control their own computing
The Way Things Are Going, They May Soon Stop Saying "Web Address" and Instead Say "Chrome Address"
The Web isn't built or based around open Web standards anymore. It's centered around user-agent.
Microsoft as a Golden Cage
"I was laid off by Microsoft and can't find a job. I'm weeks away from giving up my apartment and moving across the country to live with family."
 
IBM Layoffs Due to a Lack of Money and Company Debt Rising by Almost 10 Billion Dollars in 6 Months
IBM didn't buy Red Hat for any ideological reasons; it was a fast "cash grab" for revenue
Forbes Already Stopped Being a News Sites. Now It's a Spam and Propaganda Platform for "Paying Partners" (Companies).
news from Forbes became very scarce
Is the Second-Largest Institution in Europe (EPO) Gradually Becoming More Like a Sweatshop?
Underpaid, unqualified, inexperienced and incompatible people are already recruited to replace veteran examiners
The Register MS Has No FOSS Coverage Anymore
The Editor in Chief is like a Microsoft plant
Links 13/10/2025: "Toasty Subwoofer" and WiFi Speakers "Are About To Go Dumb"
Links for the day
Gemini Links 13/10/2025: iNaturalist and Tove Jansson’s Moominpappa at Sea
Links for the day
Microsoft Does Not Deny That Large Retailers Like Walmart, Costco and Target Are Giving Up on XBox (and Not Stocking It)
No doubt XBox is in trouble and rumours suggest that more mass layoffs are imminent
We'll Encourage Richard Stallman to Talk About Software Patents at the EPO Next Week When He Visits Munich (EPO Headquarters)
Go listen to Richard Stahlmann
Arnaud Parreaux lost case defending rogue employer
Reprinted with permission from Daniel Pocock
Mathieu Elias Parreaux declared bankrupt in Switzerland
Reprinted with permission from Daniel Pocock
Breakdown of the Rule of Law and Patent Law in the European Union (EU)
The EPO cannot recruit suitably qualified patent examiners this way, let alone retain them
Gemini Links 13/10/2025: Good Films, Wizard of Earthsea, Upgrading the Steam Controller's Stick
Links for the day
It's Not Justice When One Side Denies the Other Side the Ability to Even Speak
At this stage, Brett Wilson LLP is in my humble opinion acting in contempt of the Court
Links 13/10/2025: Australian Catholic University Uses Slop to Libel Students, Canada Threatens to Kill Beluga Whales
Links for the day
How Not to Silence Tux Machines (It'll Only Backfire, Badly)
defending Microsoft while attacking this site
Slopwatch: UbuntuPIT and Google News
It seems abundantly clear that Google News and Google in general participates in the slop epidemic
Vincent Danjean (not INTERPOL), Claire Bardel & Debian pregnancy cluster
Reprinted with permission from Daniel Pocock
Christmas lynchings: Martin Krafft (madduck), Penny Leach (mjollnir) & Debian pregnancy cluster
Reprinted with permission from Daniel Pocock
Gemini Links 13/10/2025: Birthdays and "Committee Unable to Contact Nobel Prize Winner"
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Sunday, October 12, 2025
IRC logs for Sunday, October 12, 2025
Your Typical Anti-Richard Stallman (RMS) Cancellist
"About the RMS cancellation"
Richard Stallman (RMS) Has Announced His Talk in Rome Less Than 20 Hours in Advance (and on a Sunday)
Why did he wait until the night before?
GNU Tools Cauldron Event in Portugal: Videos Now Available via Invidious
Go have a look
Weekend Discussion About How IBM's Bluewashing of Red Hat Will Cause "Enshittification" for Users
"I worked at a software company that was acquired by IBM so I knew it was game over for RedHat the day they were acquired"
Brett Wilson LLP Getting Sued by Its Very Own Clients, a Legal Story That Has Made the Mainstream News (Law360)
Law360 or Law.com are about as mainstream as one can get in that "sector" (litigation 'industry')
Slopwatch: GNU/Linux Sites That Became Slopfarms and Spamfarms
The Web is a mess and "Linux" or "Ubuntu" sites became part of the problem
Richard Stallman's Talk 25 Hours Away, Aula Magna Palazzo del Rettorato (CU001), Sapienza Università di Roma (Piazzale Aldo Moro, 5)
The talk is 25 hours away and we see some QR code for it
Gemini Links 12/10/2025: Watches, the Depression of 2026, Gamboling with Odds
Links for the day
Links 12/10/2025: 'False' DMCA Claims and Slop Facing Perils Again (the Hype Wears Off)
Links for the day
Microsoft Has Just Lost Privacy Case in Austria and Its Latest Moves Make a Complete Ban Seem Imperative
Microsoft is not a software company, it's a spying agency that uses software to collect data
The Register MS: Microsoft is the Security Expert, Not the Prime Culprit, So Buy More Microsoft
This front page feature is devoid of any actual substance, it's just Microsoft copypasta
Stefano Zacchiroli (Zack) & Debian pregnancy cluster
Reprinted with permission from Daniel Pocock
Lucas Nussbaum & Debian pregnancy cluster
Reprinted with permission from Daniel Pocock
Gemini Links 12/10/2025: "Palm Computering", Further Exploration of Slide Rules, and Key Takeaways from The Well-Grounded Rubyist
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Saturday, October 11, 2025
IRC logs for Saturday, October 11, 2025
Tomorrow: Founder of the Free Software Foundation and of GNU/Linux, Richard Stallman, Speaks in Roma (Rome), Italy at 4PM
GNU/Linux is more important than ever in this dystopian world
Microsoft and Apple Are Rare Topics in Geminispace
in Geminispace it's rather safe to assume everyone is into BSD, GNU/Linux, and sometimes retro
Qualcomm and Manchester United Appear to Have Dumped Microsoft (Qualcomm Now Invests More in Linux, Apparently)
It's a relief to no longer see Microsoft logos and brands on a local football club's gear (I'm not a Manchester United fan, but not a foe either)
As Guest of Honour in Rome, Founder of the Free Software Foundation to Speak ("Distinguished Lecture") After Introduction by Leonardo Querzoni
Happy hacking...
All Things Open is Proprietary
The OSI has become a front group of proprietary software openwashers, led and sponsored by proprietary giants
When Microsoft Lays Off Lots of Workers They Say It "Invests in AI" (a Lie), Now It's "Reshuffles" or "Microsoft Tightens"
Microsoft "news" by bots
"I saw Richard Stallman give a talk in the mid 80s, which began my fear and loathing of software patents" and "Richard Stallman was always right."
"By betraying the legacy of our ancestors, we’ve set ourselves on a path toward self-destruction — moral, intellectual, economic, and ultimately biological."
There Were Several Waves of Microsoft Shanghai Layoffs in 2025, Western Media Continues to Turn a Blind Eye to Chinese Layoffs of an Epic Scale
Sometimes select Taiwanese news sites (published in English) or automated translations are all we have
Brett Wilson LLP Spreads Trumpism to the United Kingdom, Looking to Profit From 'Legal Colonialism' (Overriding Sovereignty)
There's growing recognition of this conundrum worldwide
The Demise of Shopping in Person
In a world like this, how valued is the customer?
This Past Friday, "Nearly 700 People Came to Listen to RMS!" (Richard Stallman)
"Nearly 700 people came to listen to RMS!"
Distinguished Lecture by Richard Stallman This Coming Monday in Rome
After "Free software, Crucial for Freedom in a Digital World"
Slopwatch: UbuntuPIT Churning Out Plagiarism and the Slopfarm LinuxSecurity Turns to Pseudonyms
Our hunch is, UbuntuPIT will sooner or later realise that this toxic approach is just harming UbuntuPIT and tainting the reputation of past articles
The Lawsuit by Clients of Brett Wilson LLP Against Brett Wilson LLP is Officially On, It is Progressing, The 'Experts' Pick Outside Law Firms (RPC and Mills & Reeve) to Spare Them From Litigants in Person
So it is probably quite potent
Gemini Links 11/10/2025: Nyctography, Gerrymandering, and Lurking
Links for the day
The 'Culture Wars' in Free Software Have Gone Out of Control
Social control media amplifies such utterly infantile discourse
Teaser: To Compensate for the Fact Our Clients Are Terrible Human Beings Who Strangle Women (While on Microsoft's Payroll) and We Get Paid by Mystery Parties We Bombard You and Your Wife With Almost 10 Kilograms of Legal Papers
If you can't win an argument, then drown the other side with papers?
Links 11/10/2025: World Mental Health Day 2025, Another European Legal Defeat for Microsoft 360
Links for the day
MIT Technology Review is Part-Time SPAMfarm of Billionaires and Mega-Corporations
Does MIT operate its own "b2b" SPAMfarm?
Open Source Initiative Executive Director Leaves, Replacement Sought by Monopolists, Not the Community or OSI Members
Serves to show who runs this show...
Links 11/10/2025: China-US Tensions Grow Again, "Hey Hi" More Widely Recognised as Bubble Made of Capital That Doesn't Exist
Links for the day
Now Confirmed in Western Media: Microsoft Azure Layoffs This Month
Affirmed by more sources moments ago
Peter O'Callaghan QC represented grandparents, Westernport Hotel, at Liquor Royal Commission
Reprinted with permission from Daniel Pocock
Either The Register MS Divests From FOSS Coverage or Liam Proven is on Long Holiday
Publishers perish when their audience loses trust in them
Microsoft Cancelling Another Datacentre is a Sign of Financial Trouble and Lack of Growth
The debt continues to grow
Gemini Links 11/10/2025: An Evening at the Fair and Fast Fourier Friday
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Friday, October 10, 2025
IRC logs for Friday, October 10, 2025