Bonum Certa Men Certa

EPO Running ILO's Tribunal (ILO-AT) 'in a Loop' to Perpetually Delay and Drain the EPO's Complainants (Aggrieved Staff) Out of Money

ILO won't deliver justice, but it invites you to the long (and very expensive) ride

Loop



Summary: ILO's Administrative Tribunal -- a court for aggrieved EPO staff and other international organisations' staff (usually known as ILO-AT for short) -- is a major farce; when "time is money" and lawyers charge as much as 400 euros an hour the EPO's management can exploit/misuse its cash reserves to also game justice and buy legal outcomes

AS we've just explained, Koch v EPO [1, 2, 3, 4, 5] is an important case/appeal as it shows how useless ILO-AT has become. ILO is aware of the problem (it spoke about it several times), but it has not tackled the problem. Instead, it's meeting with EPO management while snubbing staff representatives/unions. This helps show whose side ILO is taking, as one might expect from an international organisation created for and by the rich and the powerful, not the besieged and the powerless.



Several months ago we took time to study the above case. The next post will deal with the latest (the 129th session of the Tribunal has just concluded). If anything, this only reaffirmed our negative view of ILO and ILO-AT.

"This helps show whose side ILO is taking, as one might expect from an international organisation created for and by the rich and the powerful, not the besieged and the powerless."From the EPO's reply in Koch's case (AT 5-4384) we know that the Tribunal (ILO-AT) issued Judgment number 4131, and that it thereby seems to "row back" from its former standard Jurisprudence which used to be considered rather competent and decent, at least during the good old times of Justice Mary Gaudron.

While it has been the Tribunal's standard Jurisprudence that organisations may not withdraw final decisions (withdrawal would contravene the principle of good faith, for instance), see Judgment number 2906, under 8., Judgments number 994, under 14., or Judgments number 1006, under 2., as the Tribunal seemed to allow the EPO withdrawal of final decisions and "re-running" of internal appeals (IAs) on its own initiative; see Judgment number 4131, under 5. -- yet that specific case was irreceivable for a different reason (the appeal concerned an intermediate step and therefore failed), i.e. cons. 5 of Judgment 4131 was irrelevant to the decision in that case.

Yet, it would be the end of Rule of Law if the Tribunal went further in the direction set out in Judgment 4131, under 5., and allowed the EPO to withdraw final decisions and to "re-run" appeals on its own initiative, without the complainant(s) being involved, also in other cases; see the arguments in para. 22 and subsections of this reply [PDF] -- many of them are general, some more specific to Koch's case. The clear risk is that cases will go back and forth between the EPO and the Tribunal without ever being treated in substance by the Tribunal.

"The clear risk is that cases will go back and forth between the EPO and the Tribunal without ever being treated in substance by the Tribunal."Even worse: In the meantime the EPO "legalised" the unbalanced composition of the Internal Appeals Committee (IAC) which had been reproved by the Tribunal in Judgment no. 3785, under 7., i.e. participation of volunteers being nominated by the President or selected by lots(!) instead of being nominated to the IAC by the Central Staff Committee (as it used to be). And now, disturbingly, the Tribunal mentioned the IAC (of 2018 and thus composed according to the EPO's new rules from the Battistelli era) as "properly constituted" in Judgment 4131, under 3. -- which, of course, the EPO's lawyers already used against Koch, to prevent the treatment of the case in substance, though the case is already delayed for 6 years since Ms. Bergot's adverse decision of September 2013 against Koch.

On the "good" side: the remark under cons. 3 of Judgment 4131 was not relevant to that particular case, as it failed for a different reason. Yet, if this route is continued, it would also mean that the Tribunal would no longer respect the principle of non-retroactivity embraced by it in the past -- see under 22.2.8 of the reply -- and that it would help the EPO benefit from its own turpitude, not just once, but multiply, as the repetition of the IAs would be purely formal (the composition of the IAC not having changed, just having been "legalised" by the EPO). Such "re-running" would generate more delay, more work and higher costs for complainants and potentially prevent treatment of certain cases in substance (like Koch's cases, which she is unable to treat in parallel, in two instances, see para. 22.1.7 and 5.1 of the reply).

Recent Techrights' Posts

A Week After a Worldwide Windows Outage Microsoft is 'Bricking' Windows All On Its Own, Cannot Blame Others Anymore
A look back at a week of lousy press coverage, Microsoft deceit, and lessons to be learned
 
Links 26/07/2024: Tesco Cutbacks and Fake Patent Courts
Links for the day
Links 26/07/2024: Grimy Residue of the 'AI' Bubble and Tensions Around Alaska
Links for the day
Gemini Links 26/07/2024: More Computers and Tilde Hosting
Links for the day
Links 26/07/2024: "AI" Hype Debunked and Elon Musk's "X" Already Spreads Political Disinformation
Links for the day
"Why you boss is insatiably horny for firing you and replacing you with software."
Ask McDonalds how this "AI" nonsense with IBM worked out for them
No Olympics
We really need to focus on real news
Nobody Holds the GNOME Foundation Accountable (Not Even IRS), It's Governed by Lawyers, Not Geeks, and Headed by a Shaman Crank
GNOME is a deeply oppressive institutions that eats its own
[Meme] The 'Modern' Web and 'Linux' Foundation Reinforcing Monopolies and Cementing centralisation
They don't care about the users and issuing a few bytes with random characters costs them next to nothing. It gives them control over billions of human beings.
'Boiling the Frog' or How Online Certificate Status Protocol (OCSP) is Being Abandoned at Short Notice by Let's Encrypt
This isn't a lack of foresight but planned obsolescence
When the LLM Bubble Implodes Completely Microsoft Will be 'Finished'
Excuses like, "it's not ready yet" or "we'll fix it" won't pass muster
"An escalator can never break: it can only become stairs"
The lesson of this story is, if you do evil things, bad things will come your way. So don't do evil things.
When Wikileaks Was Still Primarily a Wiki
less than 14 years ago the international media based its war journalism on what Wikileaks had published
The Free Software Foundation Speaks Out Against Microsoft
the problem is bigger than Microsoft and in the long run - seeing Microsoft's demise - we'll need to emphasise Software Freedom
IRC Proceedings: Thursday, July 25, 2024
IRC logs for Thursday, July 25, 2024
Over at Tux Machines...
GNU/Linux news for the past day
Links 26/07/2024: E-mail on OpenBSD and Emacs Fun
Links for the day
Links 25/07/2024: Talks of Increased Pension Age and Biden Explains Dropping Out
Links for the day
Links 25/07/2024: Paul Watson, Kernel Bug, and Taskwarrior
Links for the day
[Meme] Microsoft's "Dinobabies" Not Amused
a slur that comes from Microsoft's friends at IBM
Flashback: Microsoft Enslaves Black People (Modern Slavery) for Profit, or Even for Losses (Still Sinking in Debt Due to LLMs' Failure)
"Paid Kenyan Workers Less Than $2 Per Hour"
From Lion to Lamb: Microsoft Fell From 100% to 13% in Somalia (Lowest Since 2017)
If even one media outlet told you in 2010 that Microsoft would fall from 100% (of Web requests) to about 1 in 8 Web requests, you'd probably struggle to believe it
Microsoft Windows Became Rare in Antarctica
Antarctica's Web stats still near 0% for Windows
Links 25/07/2024: YouTube's Financial Problem (Even After Mass Layoffs), Journalists Bemoan Bogus YouTube Takedown Demands
Links for the day
Gemini Now 70 Capsules Short of 4,000 and Let's Encrypt Sinks Below 100 (Capsules) as Self-Signed Leaps to 91%
The "gopher with encryption" protocol is getting more widely used and more independent from GAFAM
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Wednesday, July 24, 2024
IRC logs for Wednesday, July 24, 2024
Techrights Statement on YouTube
YouTube is a dying platform
[Video] Julian Assange on the Right to Know
Publishing facts is spun as "espionage" by the US government and "treason" by the Russian government, to give two notable examples
Links 25/07/2024: Tesla's 45% Profit Drop, Humble Games Employees All Laid Off
Links for the day
Gemini Links 25/07/2024: Losing Grip and collapseOS
Links for the day
LWN (Earlier This Week) is GAFAM Openwashing Amplified
Such propaganda and openwashing make one wonder...
Open Source Initiative (OSI) Blog: Microsoft Operatives Promoting Proprietary Software for Microsoft
This is corruption
Libre-SOC Insiders Explain How Libre-SOC and Funding for Libre-SOC (From NLNet) Got 'Hijacked' or Seized
One worked alongside my colleagues and I in 2011
Why We're Revealing the Ugly Story of What Happened at Libre-SOC
Aside from the fact that some details are public already
Removing the Lid Off of 'Cancel Culture' (in Tech) and Shutting It Down by Illuminating the Tactics and Key Perpetrators
Corporate militants disguised as "good manners"
FSF, Which Pioneered GNU/Linux Development, Needs 32 More New Members in 2.5 Days
To meet the goal of a roughly month-long campaign
Lupa Statistics, Based on Crawling Geminispace, Will Soon Exceed Scope of 4,000 Capsules
Capsules or unique capsules or online capsules are in the thousands and growing
Links 24/07/2024: Many New Attacks on Journalists, "Private Companies Own The Law"
Links for the day
Gemini Links 24/07/2024: Face à Gaïa, Emacs Timers for Weekly Event, Chromebook Survives Water Torture
Links for the day
Why Virtually All the Wikileaks Copycats, Forks, and Rivals Basically Perished
Cryptome is like the "grandpa" of them all
A Total Lack of Transparency: Open and Free Technology Community (OFTC) Fails to Explain Why Over 60% of Users Are Gone (Since a Week Ago)
IRC giants have fallen
In the United Kingdom Google Search Rises to All-Time High, Microsoft Fell Nearly 1.5% Since the LLM Hype Began
Microsoft is going to need actual products or it will gradually vanish from the market
Trying to Put Out the Fire at Microsoft
Microsoft is drowning in debt while laying off loads of staff, hoping it can turn things around
GNU/Linux Growing at Vista 11's Expense
it's tempting to deduce many people who got PCs with Vista 11 preinstalled are deleting it, only to replace it with GNU/Linux
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Tuesday, July 23, 2024
IRC logs for Tuesday, July 23, 2024