Bonum Certa Men Certa

ILO is 'Forcing' Team Battistelli to Compensate the Banned Judge and Give Him Back His Job

But will Battistelli respect judges and obey the law or just snub courts, quite frankly as usual (flaunting immunity with an ongoing case as an excuse)?



Summary: ILO has, for a change, done some justice, but it comes three years too late and the compensation level (after salary got halved) is laughable, especially considering costs associated with legal fees and moral/reputational damage

REMEMBER 2014? Three years before Nazi-affiliated groups were marching the streets of the US and even entered the German 'Parliament' (Bundestag)?



Back then the term "Nazi" was pretty serious a thing (it still is, but it has become more banal/mundane) and to accuse a judge of being "Nazi" anything -- let alone armed Nazi -- can be pretty damaging to one's career. It makes it hard to garner support/sympathy from one's colleagues. It's an effective smear. It's a powerful discreditisation tactic (alongside "rapist", "pedophile" etc.). Remember how Battistelli referred to SUEPO, accusing them of performing Nazi salutes and alluding to "snipers" et cetera (again the armed Nazi theme). He actually lied to French politicians about it, right there in front of cameras (we still have footage of it). That's the very definition of defamation/slander/libel. But hey, this is the EPO we're talking about here; the 'king' can do everything and can away with anything, right?

On Wednesday morning the EPO wrote: "The EPO offers a limited number of internship places for national judges of the EPC contracting states at the Boards of Appeal."

The EPO desperately needs full-time judges at the Boards of Appeal, but Battistelli just keeps crushing them. He threatens them, punishes them, pushes them out of Town (Munich), and decreases their workspace/workload while increasing demands. Any sane outside observer can see what's going on here; Battistelli does not want these boards to exist (they pose a threat by highlighting decline in patent quality), but he cannot squash them altogether because that would be the biggest violation yet of the EPC. Some stakeholders have already found the courage to point this out (notably Dr. Thorsten Bausch, whom we'll mention further down).

We don't know why the EPO tweeted the above at almost the exact same time as ILO's 125th session (video here). Well, maybe an attempt to deflect, even though the timing could be just a coincidence?

Either way, the news is already out there. One of our readers said "lovely ILO!"

"Reinstated. Damages," said another reader only a short time after the session had taken place. I was barely at home throughout the day and therefore I was unable to properly cover it.

"Dear EPO," another person wrote, "how many lawyers and management experts it takes to spot a conflict of interest? Asking for friend."

This could either allude to the CEIPI saga or Battistelli's interference at the Boards of Appeal (including involvement in appointment of chiefs).

We assume that EPO insiders and stakeholders have already read the news elsewhere, but here is a recap/roundup anyway.

The ILOAT delivered 5 judgments regarding the EPO (the other 3 were not about the EPO). Judgment #3972 ended as follows:

For the above reasons, 1. The decision of 25 November 2015 is set aside in the part regarding confirmation of dismissal for misconduct in accordance with Article 93(2)(f) of the Service Regulations, as is the same part of the earlier decision of 1 July 2015. 2. The case is sent back to the EPO in accordance with considerations 15 and 16, above. 3. The EPO shall pay the complainant 20,000 euros in moral damages. 4. It shall also pay him 1,000 euros in costs. 5. All other claims are dismissed. In witness of this judgment, adopted on 2 November 2017,

Mr Giuseppe Barbagallo, President of the Tribunal, Mr Michael F. Moore, Judge, and Sir Hugh A. Rawlins, Judge, sign below, as do I, Dražen Petrović, Registrar.


Judgment #3960 as well (same person):

As a result, the impugned decision of 18 March 2016 to reject the complainant’s request for review of decision CA/D 14/15 of 15 October 2015 extending the complainant’s suspension, as well as decision CA/D 14/15 must be set aside. The complainant must immediately be reinstated in his former post, and he is entitled to an award of material damages in an amount equal to the deductions from his remuneration made as a result of decision CA/D 14/15 extending his suspension with reduced pay, plus interest at the rate of 5 per cent per annum from the monthly due dates until the date of payment. He is also entitled to an award of moral damages in the amount of 15,000 euros, and to costs in the amount of 5,000 euros.

[...]

For the above reasons, 1. The impugned decision of 18 March 2016 rejecting the complainant’s request for review of decision CA/D 14/15, as well as decision CA/D 14/15 itself, are set aside. 2. The complainant shall be immediately reinstated in his former post.


Judgment #3958:

For the above reasons, 1. The Administrative Council’s decision CA/D 12/14 of 11 December 2014 is set aside and so is the impugned decision of 10 April 2015, insofar as they concern the complainant’s suspension, the imposed house ban, the relinquishment of EPO property previously at the complainant’s disposal, and the blocking of his User ID. 2. The Administrative Council’s decision to maintain the complainant’s suspension pending completion of the disciplinary proceedings against him (decision taken at the Administrative Council’s 143 rd meeting and communicated to the complainant by a letter of 26 March 2015) is also set aside. 3. The complainant shall be immediately reinstated in his former post. 4. The EPO shall immediately allow the complainant access to the EPO premises and resources; it shall return to him any EPO property it requested him to hand over pursuant to decision CA/D 12/14, and it shall immediately unblock his User ID. 5. The EPO shall pay the complainant 10,000 euros in compensation for moral injury. 6. It shall also pay him costs in the amount of 5,000 euros. 7. All other claims are dismissed.


The other judgments have been largely ignored by the media because not much happened. Judgment #3896, regarding Mr S. C. F., ends as follows:

Considering the application for interpretation of Judgment 3785 filed by Mr S. C. F. on 19 April 2017 and corrected on 6 June, the reply of the European Patent Organisation (EPO) of 18 July, the complainant’s rejoinder of 25 August and the EPO’s surrejoinder of 4 October 2017; Considering Articles II, paragraph 5, and VI, paragraph 1, of the Statute of the Tribunal;


Judgment #3895. concerning Mr T. C., yielded a dismissal of the appeal:

Considering the application for interpretation and execution of Judgment 3694 filed by Mr T. C. on 19 April 2017 and corrected on 6 June, the reply of the European Patent Organisation (EPO) of 18 July, the complainant’s rejoinder of 25 August and the EPO’s surrejoinder of 4 October 2017; Considering Articles II, paragraph 5, and VI, paragraph 1, of the Statute of the Tribunal; Having examined the written submissions;

[...]

For the above reasons, The application for interpretation and execution is dismissed.


We don't know who S. C. F. and T. C. are. We also have not -- at least not yet -- had the time to properly read through these decisions (some are about 10 pages in length).

The media focused on relatively good news. SUEPO wrote the following announcement titled "SUEPO Central on the Extraordinary Session of the ILO Today" and it said:

Dear colleagues,

In an exceptional session today the Tribunal delivered Judgments 3958 and 3960 in which it ordered the immediate reinstatement of the suspended Board of Appeal member to his former post.

It further ordered the EPO to allow him access to the premises, return any EPO property it had requested him to hand over and immediately unblock his EPO User ID.

The Tribunal further ordered the EPO to pay a sum in costs as well as compensation for moral injury.

SUEPO central


SUEPO got vindicated. Again.

The Register -- rightly or wrongly -- finally blurted out the name Patrick Corcoran. We're not sure why Kieren McCarthy decided to put "Nazi" in the headline and then namedrop the judge's identity. Here are some fragments (it's a long and detailed article):

The European Patent Office (EPO) has been commanded to immediately reinstate a judge it suspended two years ago and pay him tens of thousands of euros in compensation and damages.

In an extraordinary judgment delivered in public by the president of the International Labor Organization (ILO) in Geneva, the patent organization, its management and its administrative council were all excoriated for their treatment of Patrick Corcoran.

But the sharpest criticism was reserved for EPO president Benoit Battistelli, who for years has been accused of targeting his own staff in an effort to force through unpopular reforms and threatening them with disciplinary action if they resist.

Battistelli was repeatedly chastised by the ILO for his treatment of his own staff, for involving himself in disciplinary proceedings and for forcing the suspension of Corcoran through the EPO's administrative council despite a clear conflict of interests.

Corcoran's case is far from the only one – Battistelli has fired no less than four EPO union officials, among others – but it stands out as particularly egregious given the judge's standing as a member of the EPO's independent Boards of Appeal.

[...]

That intervention, incidentally, may cause the demise of Europe's Unitary Patent Court (UPC) after a German patent lawyer pointed to the resulting lack of independence of the Boards of Appeals as evidence that the UPC broke German constitutional law – the case is still being heard but it has prevented it from becoming German law.

[...]

That may not be the end of it either.

The ILO president strongly implied at the public hearing that the decisions against the EPO were going to be repeated in a range of other EPO cases that have been lodged with the ILO.

Earlier this year, the ILO published an extraordinary paper for discussion at a meeting of its governing body later that complained about how the EPO's management was causing so many complaints that it was undermining its ability to do its job.

The decisions in those cases will be published in January and will almost certainly add more pressure to the current EPO management.

Overall, the ILO's extraordinary public meeting was a damning verdict on Benoit Battistelli's presidency.


Don't miss some of the early comments. "Perhaps they should have added that the moral damages should be paid out of Battistelli's own pocket and not reimbursed to him," one person said. The next person wrote: "Is an exceedingly tony suburb of Paris, as befits the birthplace of Louis XIV, and as much a part of Paris as Hampstead would be in London. This is not at all to minimize the brazen and repeated abuses of power Mr Batistelli committed while in office. I hope his departure will lead to reforms in the EPO's governance."

"I bet Battistelli . . . . . . did Nazi that coming," one comment joked. "If Battistelli is going to act like a junior Napoleon, they should put him in charge of the branch office in St. Helena," joked another reader.

Here is what was probably the first report about it:

He said: “The allegations of bias against the president do not justify derogating from these rules in the present case: in view of the exceptional situation with which the EPO was faced, the president had to communicate both internally and externally. In doing so, he did not cross the boundaries of confidentiality and presumption of innocence.”

But, the ILO tribunal found that “[there] is a conflict of interest on the part of the president.”

It said: “It stems from the fact that the alleged serious misconduct, with which the complainant was charged, might reasonably be thought to have offended the president specifically, directly and individually.”

“This situation, by itself, casts doubts on the president’s impartiality. Considering the whole situation, a reasonable person would think that the president would not bring a detached, impartial mind to the issues involved. The argument raised by the president in his opinion to the council, quoted above, namely that pursuant to the applicable rules the president was acting within his competence and had the power and duty to take all necessary steps to ensure the smooth functioning of the office, is immaterial.


IP Watch wrote about it as well, but sadly it's behind a paywall. Here is the outline:

In an extraordinary 6 December session, the UN International Labour Organization Administrative Tribunal (ILOAT) handed down five decisions involving the European Patent Office (EPO), one of which reinstated a suspended Board of Appeals judge. The cases are just “the tip of the iceberg,” said the Staff Union of the EPO (SUEPO).


Thorsten Bausch then came out with another long article about ILO (mind the headline). He shows that even EPO stakeholders like attorneys are royally pissed off at Battistelli. He ruined the EPO. To quote Bausch:

The decisions speak for themselves and I highly recommend reading them in full. To cut a long story short, the party that “misbehaved” here was found to be the President of the EPO and the Administrative Council (AC). The facts are quite complex, but in essence, the problem was that the President, who felt defamed and insulted by emails allegedly sent out by this Board member, issued a house ban against this Board Member and requested the AC to suspend him, which the AC did. The Board Member requested a review of this decision, asked the AC to afford him the right to be heard and requested that the EPO President should be excluded from this review process due to partiality. The AC rejected the request for review and continued to involve the EPO President in his advisory capacity for its decision-making process.


There are probably more reports on the way, even in French and German (maybe Dutch).

Will Battistelli comply with this ruling? If not, then maybe it's about time to seriously consider removing his immunity and putting this thug on trial (maybe in jail). Corsica can have him back; nothing would be more epic (or poetic justice) than exile in Corsica, which he happens to have come from.

Recent Techrights' Posts

Not Much Better Than LLM Slop: Linux Foundation-Funded 'News' Site Writes Linux Foundation 'News', Composed by Linux Foundation Operative, Quoting Linux Foundation Staff
...they get paid (sponsored) to produce this spam. Then they call it "journalism".
Annual Southern California Linux Expo (SCALE 22x) 'Bought' by Microsoft and Microsoft Exceeded Sponsorship Limits by Giving Double the Maximum Permitted Amount
When people get bribed they tend to forget how to utter a simple word: "No."
EPO Examiners Point Out to the Heads of Delegations in the Administrative Council of the EPO That the "AI Policy" of the Office is Illegal
"the Central Staff Committee (CSC) asks the Administrative Council to exert its supervisory role and instruct EPO management to enter into genuine dialogue with the staff representation on the AI Policy, to revise the “Leverage AI” target of 90% AI-automated classification in the SP2028 and to put in place the measures supported by staff in the resolution."
French Cities Dumping Microsoft Because They Recognise Software Freedom, Open Standards, GNU/Linux Autonomy
We hope that more French cities - maybe Paris - will follow Lyon.
LWN is a Voice of GAFAM (Through Linux Foundation, Their Front Group or Occupying Force Inside Linux)
remember who the chief editor works for and who sponsors many of the articles
The 'Case' of the Serial Strangler From Microsoft is a Lot of Copypasta (Maybe Also LLM Slop) From the Matthew Garrett 'Case'
5RB deserves to know and the matter shall be properly reported in due course (when the time is right)
EPO Squeezing the Staff - Part II - Office Breaks Rules, Ignores Courts, Defies Justice
False promises everywhere
 
Wayland is About Less Choice, About Removing Choices, It's Not About Freedom
IBM insists that it cares about "diversity"
Keeping Things Accessible
Gemini Protocol seems to be growing
Escaping Colonialism (or 'Hegemony') Requires Abandoning GAFAM, Microsoft in Particular
Europe is already in the process of abandoning Microsoft
Microsoft Will Shut Down More Studios This Week, Its Media Operatives Will Tell Lies About the Magnitude of the Shutdowns and Layoffs (They Always Do)
Many people who get counted as "workforce" are "temps" or similar
What Linux Foundation 'Research' is: Paid Marketing
What is Linux Foundation 'Research'?
No, IBM Does Not Care About People With Disabilities
"Aktion T4" did not seem to bother Watson
Microsoft's Financial Problems Mean Shutdowns, Not Just Mass Layoffs
If the original rumour is true, then expect almost 30,000 Microsoft workers to be let go this year
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Thursday, June 26, 2025
IRC logs for Thursday, June 26, 2025
The Netherlands: GNU/Linux Measured at All-Time High
Are any Dutch cities going to announce dumping Microsoft?
Gemini Links 27/06/2025: "Interstitial Existence" and Autocorrect
Links for the day
Technical People Need Technical Lawyers
Technical Litigants in Person (LIPs) have many real and concrete advantages
10,000+ Articles in About 20 Months (and How We Got Here)
More bloat does not beget efficiency and "bells and whistles" tend to have a hidden cost
Links 26/06/2025: Illegal Kangaroo Court (UPC) Failing Scandinavia, K-Pop Agencies Abuse People
Links for the day
Gemini Links 26/06/2025: AuraGem Twitch Proxy is Back and UI Sluggishness
Links for the day
Links 26/06/2025: Noise Pollution Considered High in Europe, Mass Layoffs Next Week in Microsoft Confirmed, Very Large in Scale and Scope
Links for the day
No, I Don't Want Your Latest XYZ, ThankYouVeryMuch...
Wayland is finally ready?
China Keeps Breaking Into Microsoft Systems, So for True Sovereignty, Nations Wary of China Need to Dump Microsoft
Looking at data from Taiwan (not China) and Maharlika (not Philippines, the king is dead and Spain is out), there are encouraging signs
Linux Journal Wants Ads on Its LLM Slop or Ads as 'Articles'
it's basically another BetaNews
How to Kill a Monopoly
in 10 simple steps
IBM - Like Microsoft - is a Dying Company and Perishing Brand ("AI" is a Lie and Decoy)
"Arvind is cutting costs (layoffs, PIPs, forced RTO, etc...) like crazy. IBM offices are closing all over the place in the US."
"Code of Conduct" Invoked When Fedora and Red Hat Users (Since the 1990s) Don't Want to Use Wayland
That is IBM "DEI"
Mozambique: GNU/Linux Rose From 0.5% Last Year to 3% This Year
what (or how) statCounter is measuring
Microsoft Layoffs Next Week: About 10% to be Laid Off in Microsoft Gaming (2 Days Before Independence Day), About 20%+ of XBox Staff
Microsoft is rapidly collapsing
Next Month Marks 11 Years Since Our In-Depth EPO Coverage
The same is happening to Microsoft right now
Free Software Foundation (FSF) Campaigns Against Vista 11, Adds 4 New Associate Members Per Day
If more people understood the underlying principles, more of them would flock to Free software overnight
Canonical Seems to Have Culled Some Sources of LLM Slop From Planet Ubuntu
It's like "junk food", it's not information
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Wednesday, June 25, 2025
IRC logs for Wednesday, June 25, 2025
On "Weak Claims"
For the record, they sent me unjustified threats, repeatedly tried injunctions (censorship)
EPO Squeezing the Staff - Part I - Burnout and Family Health
more exceptional circumstances
This Month's Mail (MX) Server Survey Shows Microsoft at 0.20% "Market Share"
We need to remind people that desktops and laptops decline (in proportion to other client devices) and at the "back end" GNU/Linux is already dominant and has long been dominant
Links 26/06/2025: Filespooler Guide and Learning to Code
Links for the day
Why Techrights Cannot be Vilified (and Instead It Gets SLAPPed Repeatedly by Microsoft People)
Attack dogs are all "bark"; because they have no actual "bite"
Austrian GNU/Linux Usage Up to About 5% as More of Europe Abandons Microsoft
Since inauguration day the Austrian people have adopted more and more of GNU/Linux
Why the "Wayland People" and "Rust People" Will Lose Hearts and Minds (Same Reasons)
Wayland pushers are fast becoming like "Rust People"
5,600 Pages/Articles Per Year
So far this year we've kept all the promises
BetaNews Beginning to Show What Its True Goals Are
The 'new' BetaNews won't be about journalism. It's trying to sell things.
Microsoft Has Lost "The War"
We'll soon see the 9th or 10th wave of Microsoft layoffs in 2025 alone
Slopwatch: A Wreck and a Dreck, "Flooding the Zone With Dreck" or Flooding the Web With Junk
"Slopwatch" continues today because we have many new examples
Links 25/06/2025: Thwarting More Software Patents, Overlap Grows Between EPO Corruption and Illegal Kangaroo Patent Courts in EU
Links for the day
Links 25/06/2025: Elon Musk’s Lawyers Caught Lying, WhatsApp Faces More Bans
Links for the day
Wayland Pushers Lose the Argument, Use LLM Slop and Chatbots to Make Up Arguments for IBM
Another new low and low blow
Brian Fagioli Created Another Slopfarm Targeting "Linux" After BetaNews Became a Slopfarm of Phantom Accounts and Pseudonyms
Mr. Fagioli even had slop about a dead Torvalds (hypothetical) as clickbait
Wayland is Perfect, Nobody Can Escape Its Perfection! (Or Not)
Do not form on opinion on Wayland based on politics
What is "MATA"?
Think of it as GAFAM or "Meta"
Moral Duty for "Linux Sites" to Speak Out Against LLM Slop
My wife has long complained about "Linux bloggers" keeping quiet and thus passive about a growing problem: slop
In Recent Hours Google News Promoted at Least 3 Slopfarms That Relayed Linux Foundation Propaganda Made by Bots or LLM "Bullshit Generators" (as Dr. Stallman Dubbed Them)
Google is circling down the drain and Google News too is hopeless
Linux Journal is a Slopfarm, It's Experimenting With LLM 'Authors'
Is Slashdot next?
WebProNews is a Slopfarm
Please avoid linking to WebProNews
Microsoft LinkedIn is Dying and Many More Layoffs Are on the Way
LinkedIn is just a failed acquisition of Microsoft. It causes losses and debt.
Gemini Links 25/06/2025: Combinatorial Music and Self Hosting
Links for the day
Richard Stallman Coming Back to Europe This Autumn to Give More Talks
His last talk in Europe attracted about 400-450 people
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Tuesday, June 24, 2025
IRC logs for Tuesday, June 24, 2025
Social Control Media, Technology & Catholicism: Synod on Synodality review and feedback
Reprinted with permission from Daniel Pocock
How Many More Women Will Managers at Microsoft Strangle and Tell to Kill Themselves (or Try to Kill)?
The world needs to know what happened
The New BetaNews: 7 New 'Articles', All of Them LLM Slop
BetaNews is basically defunct. Nobody writes there anymore.
Another "Told You So!": XBox Mass Layoffs at Microsoft (Many Recent Reports Were Chaff and Spin), Many Other Divisions Affected
With mass layoffs at Microsoft the world would be much better