Bonum Certa Men Certa

Translation Shows That Carl Josefsson and Christoph Ernst Refuse to Comment on EPO Injustice as It Might Embarrass Battistelli

As if they too are subservient to Battistelli, who is supposed to have no authority over them...

Original/translation: SUEPO's translation [PDF] | Original in German

“Injustice anywhere is a threat to justice everywhere. We are caught in an inescapable network of mutuality, tied in a single garment of destiny. Whatever affects one directly, affects all indirectly.” ― Martin Luther King Jr., Letter from the Birmingham Jail

Summary: An investigative article/journalism from Mathieu Klos and Christina Schulze, which contains few unknown details, did attempt to get a comment from heads of the Administrative Council and the Boards of Appeal, but both acted as though they are afraid of Benoît Battistelli and Željko Topić (Battistelli did play a role in appointment of a President at the Boards of Appeal, as well as his own successor's, Campinos)

Disciplinary incident at the European Patent Office: Pyrrhic victory for suspended judge



For years an Irish judge has not been allowed to get to his former place of work at the European Patent Office, because Office boss Benoît Battistelli had banned him from entering the building, but as of last week the man is once again back as a member of the Boards of Appeal at the European Patent Office (EPO). President of the Boards of Appeal, Carl Josefsson, has implemented two judgments by the Administrative Tribunal of the International Labour Organization (ILOAT). The Tribunal had ordered that the judge be reinstated. But he will only be able to exercise his duties as a judge for a few days, until the end of the year; the Administrative Council will not be extending his term of office.

So far the situation has not been confirmed by any official source. When asked, the President of the Administrative Council, Dr. Christoph Ernst, told JUVE that the gathering of the 38 EPO Member States would not voice an opinion in this confidential staff matter. The Administrative Council is the disciplinary supervisory body for members of the Boards of Appeal. Josefsson, too, who as President of the Boards of Appeal, is the hierarchy superior of the judge concerned, declined to make any comment.

According to an internal memo, however, which is in JUVE’s possession, on 11 December Josefsson did allow the judge the right to enter the building, and he thereupon resumed his work. The case of the judge had been a feature of the heated debate about the independence of the Boards of Appeal since December 2014. It was only in September that the Boards of Appeal moved out of the main building in Munich city centre to Haar on the outskirts, a consequence of the reform of the EPO court, which is intended to make it more independent of the Office and its President. The day after the decision in the case of the Irish judge the celebrations were held marking the move into the new service building.

The judge’s term of service concludes at the end of the year as part of a cycle of five years. The Administrative Council clearly could not agree to an extension. The Irishman’s name does not appear on the list of reappointed judges who are still in office. In the past, the reappointment of EPO judges has always been a formality, but because his term of office is not being extended the judge will revert to his former activity as a patent examiner. This will mean that for disciplinary matters he will no longer be subject to the Administrative Council but directly to the EPO President.

Accusations against the judge not clarified

The matter all started exactly three years ago. In December 2014, Office President Battistelli imposed a ban on the Irishman entering the building, and pushed through his suspension by way of the Administrative Council. The reason was the accusation that the man had passed on information which was not approved for the public domain, and had made critical comments about the Boards of Appeal and the controversial Director of the EPO, Željko Topić. The judge has always protested his innocence, and any infringement of EPO regulations has to the last always been denied.

It has already been six months since a decision by the Enlarged Board of Appeal with regard to bias on the part of its own chief executive due to his tasks in the management of the EPO triggered the discussion about the independence of the EPO Court. The ban on the Irish judge entering the building had been seized on by many critics as proof that Office President Battistelli was getting too involved with the dealings of the Court. The supervisory and disciplinary body responsible for the members of the Boards of Appeal is actually the Administrative Council of the EPO.

The case also heated up the discussion about how to deal with disciplinary proceedings. In formal terms, an EPO judge can only be suspended by the Administrative Council if the Enlarged Board of Appeal recommends this. But last year the court refused to do so, after Battistelli intervened in writing in the proceedings which were in hand. The Enlarged Board of Appeal regarded this as another massive exertion of influence, and ended to proceedings without a recommendation.

International Labour Tribunal awards suspended judge compensatory damages

The case reached its most recent climax at the beginning of December, when the ILOAT in Geneva decided, in two of four appeals by the judge, that he must be reinstated (File Refs. 3958 and 3960). The highest labour court for staff members of international organizations also awarded the EPO judge a total of 35,000 Euro as compensation for moral damages and for loss of service income, plus 5 percent interest on the missed remuneration.

Many observers then demanded his permanent reinstatement. “In view of the massive procedural errors, confirmed by the Enlarged Boards of Appeal and now also by the ILOAT, failure to reappoint him represents a further violation by the EPC”, the judge’s attorney, Senay Okyay, told JUVE: “We shall of course be pursuing to the full all legal recourses which are available to my client”.

Unlike the situation before the decision by the Administrative Council, in the first instance the judge no longer has the option of another approach to the ILOAT open to him. He must now first go through the wearisome internal appeal procedure. (Mathieu Klos, Christina Schulze)


Comments

Recent Techrights' Posts

Brigading Against Women - Part XVI - When Your Own Colleagues Complain About You Maybe the Problem is You
"if 2 people tell you that you're drunk, you go to sleep"
Brigading Against Women - Part XV - Trying to Put Women in Prisons
We'll soon get to the 'meat' or the 'beef', showing how "Gas The Jews" Lozza helped Garrett a few days after we had sued him in September 2024
 
Garrett's Litigation Partner is Unemployed Again
losing one's job
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Saturday, October 03, 2026
IRC logs for Saturday, October 03, 2026
Teaser/Taster
Tomorrow morning we'll have an important story regarding "GGG"
Gemini Links 03/10/2026: Book Swaps and Book Crossing, Hidden Figures (2016), Apps and Tools for Research and Writing
Links for the day
Michael Catanzaro Seems to be Missing the Point
Calling people you disagree with "Ostriches" is lazy name-calling
Free Software Foundation (FSF) Turns 41
People who want humans and communities to maintain their software chains (and by extension their digital life) will back GNU
Links 03/10/2026: "Banned Books Week 2026" and "American Journalist Imprisoned as a Spy in Russia"
Links for the day
In Case Anybody Still Believes Microsoft Lunduke Cares About GNU/Linux...
GNU/Linux users aren't bots
Gemini Links 03/10/2026: Speculative Realism, Paper2SlopBot, Joplin, and Offline Experiment
Links for the day
Union Syndicale Fédérale (USF) Tries to Compel the European Patent Office (EPO) to Actually Function Properly
We'll be covering the EPO a lot more soon
Links 03/10/2026: Slop-Generated War Songs and "Privatisation Has Failed"
Links for the day
Proprietary Software Giant Microsoft is Quietly Laying Off Lots of Employees, Insider Explains How It's Done
about Microsoft exits
United States: More Than One in Ten Using GNU/Linux on Laptop/Desktop
Clownflare Radar seems to show a similar trend
A Leap in GNU/Linux Usage, Japan's Share in Particular
One thing that merits attention right now is Japan. It looks like it's adopting GNU/Linux instead of GAFAM.
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Friday, October 02, 2026
IRC logs for Friday, October 02, 2026
Gemini Links 02/10/2026: Hitchhiking, Dream, Journey of Thoughts, and ROOPHLOCH
Links for the day
IBM in Such a Bad Shape That Silent Layoffs Have Come to India
Make it hard for IBM to hide what's happening
The Mass Layoffs at Red Hat (Secret Layoffs) Not Limited to This Week or to October 1st
Red Hat can shed off 10% of its staff without anyone in the media uttering a word
The Latest "PARTNER CONTENT" at The Register MS is by Chief Marketing Officer at VergeIO
Maybe The Register MS can just run ads, not articles, and hope nobody will notice
Links 02/10/2026: Turkey's Censorship of Journalists Grows, "Hong Kong Journalist Arrested After Covering Gathering Linked to 2019 Protests"
Links for the day
IBM's Red Hat is a Slave of Microsoft, It Does Not Compete With Microsoft
As released and shown earlier today in "Red Hat Partner Connect"/redhat.com
Red Hat: Stop Saying Master, It's Racist. Today's Red Hat: "Master Your Skills" and Adopt Slop Plagiarism
IBM is shredding Red Hat to pieces while it keeps humiliating the collective intelligence of communities
Reform UK, Nigel Farage's party/company, admits missing winding-up petition
Reprinted with permission from Daniel Pocock
European Patent Office (EPO) Series: A Costa-Benefit Analysis: Has the Asset Become a Liability?
All other things being equal, one could expect the Portuguese political establishment to support Campinos in his reappointment bid. But what if all other things are no longer equal because the former "asset" has in the meantime become a "liability"?
Brigading Against Women - Part XIV - Mastery of Distraction
The finger-pointing actions themselves prove the saying that even an accusation is likely a confession
Links 02/10/2026: "McDonald's Caught Cheating Consumers for Profit" and "It's Not Illegal If You Buy New Laws"
Links for the day
EPO "Cocaine Communication Manager" - Part XVII - A Vote for Campinos This Month (Reappointment) Would be an Endorsement of Cocaine
The harder they try to silence critics, the worse it'll get
The Cyber Show on "Career Scientists" (Resellers of Establishment Brands Like GAFAM)
"The "career scientist" - with PhD and research office by their mid-twenties - follows well oiled tracks and institutional signposts, steering away from controversial or "difficult" subjects."
Reporting Court Matters While Preserving Dignity of Staff
There's a high and growing probability we'll take our appeal to the Court of Appeal next year
Broligarchs Speech-Policing, Faux 'Community' or 'Hub' in 'User-Driven' Clothing
Until a broligarch decides to "flag" inconvenient stories
Gemini Links 02/10/2026: Haiku, Microsoft EEE ('Linux' as a Container in Windows), and ROOPHLOCH 2026 Roundup
Links for the day
Microsoft Promised Them Bonuses, Instead They May Get Laid Off
Laid off or paid off?
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Thursday, October 01, 2026
IRC logs for Thursday, October 01, 2026
Lots of People Left Red Hat This Week, No Announcement Made of Layoffs
Companies just find ways and excuses not to announce their layoffs