Bonum Certa Men Certa

The EPO's Central Staff Committee Explains How Battistelli's Attacks on Judge Corcoran Annul Any Perception of Independence

And the German Constitutional Court should thus can the UPC

Fair trial



Summary: The letter regarding the 'exile' of Patrick Corcoran (currently in DG1) is trickling out in spite of efforts to suppress its publication (even internally)

THE staff representatives of the EPO have plenty to worry about because ILO and the AC remain in Battistelli's pocket and he seems capable of doing whatever he wants without any consequences.



A report which we saw last week mentioned a letter regarding the forced removal ('exile') of a judge to The Hague, under the direction (his DG!) of Battistelli. Since then we have tried getting hold of that letter, hoping someone will eventually send it to us.

"The EPO is currently censoring the publication on the Intranet of a CSC open letter to the Delegations of the AC," SUEPO wrote. "Following a request from the CSC we hereby publish the letter with its accompanying text."

So here we have censorship by the EPO yet again. Here's the accompanying text:

AC Disciplinary Case [D1/15] settled?

In its Communiqué of 19 December 2017, the Administrative Council announced that “it took a final decision in a disciplinary case [D1/15] against an employee appointed by the Council - a case which had attracted significant public attention.” and for which the ILO Administrative Tribunal already delivered Judgments 3958 and 3960 ordering the immediate reinstatement of the suspended member of the Boards of Appeal (BoA), whom the Council then declined to re-appoint. The employee was first reinstated in the BoA in Munich for a few days.

In January 2018, the Office informed him that he will be permanently transferred in February 2018 to a post of Senior Expert in Classification expressly created for him in The Hague, pursuant to Art. 41(3) ServRegs.

However, the employee never performed classification work and is instead specialised in substantive examination and legal matters. The assignment to completely new duties is clearly against the interests of the service and betrays the aim of the Office Administration: impose a further covert disciplinary sanction and ultimately engineer a situation of "constructive dismissal" for professional incompetence under Art. 52 ServRegs.

This decision will reopen the discussion on a case meant to be settled.

In its Communiqué, the Council “underlined its expectation that now - after a long period of intense debate - legal peace would be restored.” The ball is now again with the AC if it wants it to be fulfilled.

The letter to the Heads of Delegations of the Administrative Council can be found here.

Your Central Staff Committee


Here is the letter referred to:

Heads of Delegations of the Administrative Council

Open letter

Forced transfer of a former judge from Munich to The Hague

Dear Heads of Delegations,

In its Communiqué1 of 19 December 2017, the Administrative Council announced that “it took a final decision in a disciplinary case [D1/15] against an employee appointed by the Council - a case which had attracted significant public attention.” and for which the ILO Administrative Tribunal already delivered Judgments 39582 and 39603 ordering the immediate reinstatement of the suspended member of the Boards of Appeal (BoA), whom the Council then declined to re-appoint. The employee was first reinstated in the BoA in Munich for a few days.

In January 2018, the Office informed him that he will be permanently transferred in February 2018 to a post of Senior Expert in Classification expressly created for him in The Hague, pursuant to Art. 41(3) ServRegs. This decision will reopen the discussion on a case meant to be settled:

● First, the Tribunal clearly acknowledged the moral prejudice caused to the employee since December 2014. Transferring him to a country in which he had never lived is a further burden for him and his family. The Office did not fulfil its duty of care by assessing medically whether the employee was fit for a transfer. For medical or personal reasons, the employee may have to refuse to be transferred and in such case the President may decide to terminate his service (Art. 53(1)(b) ServRegs).

________ 1 https://www.epo.org/about-us/governance/communiques.html#a36 2 http://www.ilo.org/dyn/triblex/triblexmain.fullText?p_lang=en&p_judgment_no=3958 3 http://www.ilo.org/dyn/triblex/triblexmain.fullText?p_lang=en&p_judgment_no=3960




● Second, the employee never performed classification work and is instead specialised in substantive examination and legal matters. The assignment to completely new duties is clearly against the interests of the service and betrays the aim of the Office Administration: impose a further covert disciplinary sanction and ultimately engineer a situation of "constructive dismissal" for professional incompetence under Art. 52 ServRegs.

France Telecom, a company formerly including civil servants with lifetime job guarantees in its workforce, organized involuntary transfers of employees in order to pressure them to leave. At the same time the number of suicides increased drastically. Since then, such practices are considered4 to be “particularly disruptive”.

The decision of the Office Administration will also have consequences in pending national proceedings before the German Constitutional Court (Bundesverfassunsgericht), which concern the standing and independence of the BoA. The Court will pay particular attention to the treatment of a former member of the BoA under the authority of a President who was already found by the Tribunal to have a conflict of interest in the matter.

More generally, interested circles will also note how easily the EPO Service Regulations can be misused to (try to) get rid of colleagues, who are supposed to be “permanent employees”, in times where the President of the Office is about to submit to the Council CA/121/175 , a proposal for “modernisation” of the employment framework making the exercise even easier.

In its Communiqué, the Council “underlined its expectation that now - after a long period of intense debate - legal peace would be restored.” The ball is now again with the AC if it wants it to be fulfilled.

Sincerely yours,

Chairman of the Central Staff Committee cc: Mr B. Battistelli, President of the EPO ________ 4 http://www.nytimes.com/2010/04/10/business/global/10ftel.html 5 http://www.epo.org/modules/epoweb/acdocument/epoweb2/304/en/CA-121-17_en.pdf


Battistelli's EPO suppressed the publication of this letter even internally, so the EPO's management clearly worries that the letter will be seen, e.g. by the German Constitutional Court (Bundesverfassunsgericht). It can doom the UPC almost instantaneously (if judges see just to what degree the EPO continues to attack judges and disobey orders of judges from ILO).

Recent Techrights' Posts

Patients' Data Should Not be Outsourced to Any Party at All, Let's Redo the Storage Scheme
Far better than giving all our data to Microsoft and Palantir (US)
The Second-Largest Institution in Europe (EPO) is Playing With Fire and Now It Puts the Largest One (EU) at Risk
The EPO will have some more shake-ups
The EPO's Own 'Drug Bust': Berenguer is Gone, But Who Else?
EPO latest news
Improving Clarity When Presenting LLM Slop and Slop Images
There will likely be more changes (improvements) to improve the visibility of our labels
Articles About "Linux" That Are Actually Promotions of Microsoft Windows
The solution is to leave Windows, not get something "like Linux" or "similar to Linux"
Local Occupational Health, Safety and Ergonomics Committee (LOHSEC) in The Hague: Staff Representation Surprised at "Recent Changes in the Staffing of OHS Occupational Health Services (OHS)"
Once upon a time the Office offered to-notch services to all staff
IBM Exits Continue This Week
Some people talk about it anonymously, naming their role/position/unit, number of years (or band) etc.
 
Links 12/11/2025: Botulism Outbreak and Increased Russian Censorship
Links for the day
British Army Officer Said Ubuntu Needed to Abandon Sudo for Rust's Imitation of Sudo and You Can Guess What Happened Next...
The not-so-drop-in replacement
The Open Web Has Fallen, It's Just Chrome
We cannot envision any other rendering engine (or "base") making any measurable headway
The EPO's Central Staff Committee Complains About the EPO's Management Faking "Production" (Monopolies) to Make More Money
The Central Staff Committee has a new communication
Ethical Consumer Could Use a Mention of "Ethical Software"
Maybe the Free Software Foundation (FSF) can get in touch with them
Links 12/11/2025: A US President (Insurrectionist) Attacking British Media, Hyundai's Digital Restrictions (DRM)
Links for the day
Gemini Links 12/11/2025: Trains in Switzerland, Software Survival, and More
Links for the day
Trying to Cancel People and Projects That You Don't Like by Changing the Focus to Politics
Don't fall for it
What Kind of Bubble is AI? We'll Find Out Very Soon
In 2022 and 2023 Cory Doctorow was one among many who asserted "AI" was a bubble
Mandrake's Gaël Duval Debunks Clickbait Nonsense From ZDNet, a Non-Coder Pushing Bot-Made 'Code' (Plagiarism Done Poorly)
"Why AI won't "Kill Open Source”
Groklaw Won't be the Latest (Nor the Last) Major Site We Lose
Many other sites will go offline; the more popular among those will get hijacked by rogue actors
Slopwatch Turns 1 Next Month
2024-12-14 is when Slopwatch began
The Issue With Firefox is Not Its Brand
Mozilla seems to be the biggest enemy of Firefox at this point
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Tuesday, November 11, 2025
IRC logs for Tuesday, November 11, 2025
Gemini Links 11/11/2025: Kentucky, Bluesky, and Slop
Links for the day
The European Patent Office (EPO) is Still Hiding From Scandals
"No answers from VP1 to our letters to two Directors"
Like the Serial Strangler From Microsoft, Donald Trump is Out of Time and Has Jurisdiction Issues in the UK
The court system or the courts of a nations are meant to serve the nation and its media, not media lawyers or litigation profiteers
Slopwatch: Many Fake Articles About "Linux" on Monday and Today
A lot of the Web is pure garbage. A lot of 'articles' are 100% fake.
Richard Stallman to be First Speaker at Ethereum Cypherpunk Congress 5 Days From Now, FSF Looking to Raise $400,000 by Year's End
the 40+ years-old FSF, which Dr. Stallman created to help promote Software Freedom and support GNU, is starting a new fund-raising campaign
Links 11/11/2025: Misinformation/Disinformation in Twitter/X and BBC in Trouble
Links for the day
Links 11/11/2025: Slop Ruins Music, Facebook "to Discontinue Like and Comment Buttons on Third-Party Websites"
Links for the day
Adrian & Diana von Bidder-Senn, Debian: detailed history of a death
Reprinted with permission from Daniel Pocock
The Voice of Microsoft
Marketing disguised as a science
"MIT Technology Review Insights" is the Selling of Ponzi Schemes for Sponsors (MIT Lacks Integrity)
Just like IBM, they're chaining buzzwords now
Rust Keeps Breaking Ubuntu in All Sorts of Extraordinary Ways (and All Distros Based on Ubuntu Will Break Also)
The FSF's stance on this is unclear
Boot-locking Laptops and Desktops After Falsely Marketing That As 'Security' and Not Obligatory
If anyone can confirm this to us
With Net Income of One Billion Dollars Tesla Claims It Can Pay a Fake Founder (Who Paid for This Lie) 1,000 Billions
What does this tell us about Wall Street?
GNU/Linux Cannot Buy Fake Journalism and It Won't Bribe Large Publishers
Free software developers don't purchase "sponsored" placements and that will never change
The 'Politics' of Operating Systems (or Exclusion for Inclusion's Sake)
This whole 'wrongthink' policing is getting out of hand
Static Site Generators (SSGs) Save You Lots of Money and Problems
We've basically reduced the environmental/carbon footprint of the site by a factor of ~100 (2 orders of magnitude)
IBM Does Not Care About Families, Communities, and Even Its Own Workers
Red Hat isn't a family and to believe that it is would be the makeup of cults
Too Much of Today's Web is Fake, Not Just Fake News
We'll continue to advocate for adoption of Gemini Protocol
Simulating a Downtime Tomorrow Night
It is expected that network redundancy will make this maintenance invisible to us, but IRC hangups or general slowness are still a possibility
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Monday, November 10, 2025
IRC logs for Monday, November 10, 2025
Links 11/11/2025: Conflicts and Politics From National Broadcasters
Links for the day
Gemini Links 11/11/2025: Poetry and Electronics Studies
Links for the day
Apple's Debt Grew by About 16 Billion Dollars This Past Year, "Disappointing iPhone Sales" Reported
People who buy Apple's goods based on some false notion that Apple is "cool" or ethical or "underdog" (late 90s) aren't just living in the past; they're fools
Turning Down Proprietary Software is About Making Society Better
We should not be tempted to shame people for merely trying to keep programmers honest and human rights-respecting
Debian GNU/Linux Became the Most Popular (Most Distros Are Based on It) Owing to Richard Stallman
New presentation
The Internet is Becoming Dead or a Zombie
The Internet is becoming like a giant botfarm
A Day for Poppies
This site will run as usual today. We continue our fight for Software Freedom.
"Modern" Doesn't Mean Better, It Typically Just Means Newer
RMS demonised as someone who rejects "modern society" ("rejecting modern society") by a site that uses slop extensively
The Cocaine Patent Office - Part IV: European Patent Office to Come Under Media and Political Scrutiny
We'll persist until we get some answers
Gemini Links 10/11/2025: Homelabs and KeePassRX Manual Now Available
Links for the day
63-Page Response to the EPO's Effort to Decrease the Salaries of Workers While EPO Management Snorts Cocaine for 20,000 Euros a Month
"Read more in these written comments we sent to the members of the GCC"
Response to Another New Hit Piece About Richard Stallman (RMS)
We see similar smears floating about and tackling them can help not only RMS but anyone who thinks similarly about computers
Shrinking and Cheapening the Workforce: the Future of Red Hat and IBM
Does Red Hat cheapen the workforce?
Links 10/11/2025: BBC Turmoil and Iranian Drought Crisis
Links for the day
The Register MS Still Occasionally Uses Slop
some articles don't use real images
Links 10/11/2025: "Scam Altman Gets Served Subpoena" and "China will Rule Renewable Energy"
Links for the day
ubuntupit.com Has Paused the LLM Slop (for Now)
No slopfarm ever offered any real value
More Media Coverage From Austria Regarding Cocaine Use by EPO Management
The ultimate goal is full accountability
Ponzi Economics and the Media's Role in Defending Ponzi Economics
We occasionally notice weak or almost-non-existent coverage regarding the economy
Links 10/11/2025: Very High Windows TCO and XBox Continues to Languish
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Sunday, November 09, 2025
IRC logs for Sunday, November 09, 2025