OUR article from early this morning took stock of many other articles about the latest rulings from ILO. As we pointed out at the very start, Battistelli had not implemented or complied with the court's orders in Holland, so why Switzerland? In fact, as we explained before, Battistelli already defied court orders from ILO as well (e.g. composition of internal committees). Battistelli is a serial offender who, in the "real world", would be charged with contempt of court. But he's politically-connected and likes to flaunt "immunity!"
I must say, I was not expecting to hear from the ILO quite so soon. I had supposed there was 10 year pendency in its cases. BB getting a dose of his own “early certainty” medicine? How ironic!
I wonder though, can the President (or the AC) appeal the ILO judgement to a higher instance? And what mechanism is there to enforce an ILO judgement on a supra-national entity like the AC?
No, there is no possibility for either party or intervener to a complaint before the ILOAT to appeal to a higher instance. Article VI, 1. of the Tribunal’s Statute provides:
“The Tribunal shall take decisions by majority vote. Judgments shall be final and without appeal. The Tribunal may nevertheless consider applications for interpretation, execution or review of a judgment.”
This also is an answer to your second question: While there is no possibility for an official benefitting from a Tribunal’s order to enforce a judgment, he or she can file an application for execution. In most cases where international organisations under the juridiction of the ILOAT have tarried over the execution of a judgment, damages then ordered by the Tribunal following a succesful application for execution were substantial.
What sticks in my craw about all of this is that there will be no comeback whatsoever for the “guilty” parties. Indeed, the only ones that will (literally) pay for this whole debacle is the users of the EPO – as they are the only ones who provide the funds with which the EPO will pay the damages and compensation awarded, as well as the (no doubt exorbitant) legal fees for a case that should never have existed in the first place.
With this in mind, I would very much like to see the AC to strip Mr Battistelli of his immunity, so that at the very least the Board of Appeal member that is the subject of the ILO’s judgements can ask a court of law to decide whether any civil torts (or even any criminal offences) have been committed during the course of what has clearly been a vendetta against him.
What the BVerfG will make of all this is anyone’s guess. However, we can be sure that they will have been watching closely.