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

Firefox in Trouble in the US, Down to Lowest Level in 20+ Years
more sites will stop or intentionally neglect Firefox support
Clownflare: More Than 1 in 5 Laptops or Desktops in El Salvador Run GNU/Linux or ChromeOS
Clownflare Radar reckons it's more like 20%+ now
Omarchy is Already Dying
Same as the life cycle of slopfarms
Slop's Achilles Heel: It Increases the Workload, Not Just Costs
Set aside its inability to scale well
Improving techrights.org
Technical debt (like 17 years with WordPress) is something that's better to address early, not later
 
Gemini Links 19/08/2026: "Big Boost in Autonomy" and "Answer of E-Mail"
Links for the day
SLAPP Censorship - Part 154 Out of 200: Computer-Generated Legal Filings From Men Who Are Salaried by Mass Plagiarism Companies in Another Continent (America)
This isn't the behaviour of a moral person but of some sort of "crypto bro" or "slop bro"
Fired by IBM for Medical Leave, Rampant Censorship of IBM Critics Explained
We've already caught and showed many cases where thelayoff.com deleted comments that were not even remotely racist
Links 19/08/2026: First Amendment Under Fire by White House of Cards, "Universities Were Forced to Pay Up" for Not Censoring
Links for the day
Gemini Links 19/08/2026: What Friendship Means, Sm0lNet/SmolNet, and New Feeds
Links for the day
No, WSL (Windows With Fake 'Linux') Isn't Growing Faster Than Ubuntu, This Was Disinformation Spread by a Microsoft Propaganda Site, Then Spread by Slopfarms
Be sceptical; Microsoft is truly desperate for anti-Linux spin right now, seeing that Windows is in a freefall
Microsoft's Mass Layoffs Impact the Ability to Run Microsoft
Can Microsoft still run Microsoft?
Microsoft's Active Directory ("AD") and "Entra" Are National Security Threats
Even the US government concluded Microsoft could not be trusted for security; it issued a formal report about it in April 2024
Instant Impact: GNU/Linux Skyrockets to 10% in China Days After Policy Changes
Let's see what the 'aftermath' looks like by year's end
Links 19/08/2026: Timothy James King (AmigaDOS) Dies, GitHub Goes Offline, Finland Wants to Shun Social Control Media
Links for the day
Mass Layoffs at Dropbox, Blame the Debt, Not Slop Hype
The debt of Dropbox Inc., which isn't an imaginary (estimated) thing, is over 4 billion dollars
Microsoft is 'Angel of Death' to Developers (Even Its Own), 'Voluntary' Layoffs Happening Again
From what we are hearing and reading, there are 'voluntary' layoffs again
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Tuesday, August 18, 2026
IRC logs for Tuesday, August 18, 2026
Gemini Links 19/08/2026: Shirts, Handwriting, and Fights in Geminispace
Links for the day
Laos Leaving GAFAM Behind, Gradually
Yesterday evening it was measured at 10% for GNU/Linux at one point
They Were Wrong All Along
Two women combined won't deliver a healthy baby in just 4.5 months
A "Tech Journalist" Would Not Cover Vote on LLMs as a Sex Issue
For a moment there you have to pause and wonder, is this a "Tech Journalist" or the Daily Stormer?
20,000 by Year's End
The "New Techrights" will have 20,000 pages by year's end
Last Night GNU/Linux Measured at 9% in Africa
Nighttimes in Africa are times when GNU/Linux usage on desktop/laptop devices typically surges, based on Clownflare [...] It changes in favour of GNU/Linux
Gemini Links 18/08/2026: Google Bait and Switch (Getting College People 'Hooked' on 'Cheap' Storage, Then Backups Gone), a "Question of E-mail"
Links for the day
Bluesky is in Trouble
Bluesky is a private company (unlike Bluesky Digital Assets Corp. in Toronto, that one runs a pyramid scheme!), so it's hard to know for sure just how much money it is losing
China Says Goodbye to Microsoft
It is hardly surprising that Windows is shedding off userbase all around the world
Links 18/08/2026: US Abandons South Korea, New Legal Disputes Over Slop Plagiarism in the Music Scene
Links for the day
Linux Losing Interest in Users' Freedom, Pursues DRM Instead
"Linux" is (or was, as GNU/Linux) meant to empower - not artificially restrict - the users
GNU/Linux in Ecuador and Colombia: Growing, Still Below International Average
locals turn away from Windows and try GNU/Linux instead
IBM is Dead or Dying. Now It Asks Workers to 'Resign' Voluntarily.
To save face, to pretend no layoffs are happening (as it might alarm shareholders) [...] We keep hearing more and more stories like that
Links 18/08/2026: Sergey Brin Controlling State Policies, "Dario Amodei's (Anthropic) Wife Is Closely Linked to Jeffrey Epstein"
Links for the day
SBS News Interviews Daniel Pocock
The locals say this PR stunt (by the bigot, Farage) was a waste of money
Clownflare Sees One in 7 Web Requests in Libya Originating From GNU/Linux
GNU/Linux has taken a (foot)hold there
Openwashing and Manifestos Composed in Private by Dictators With Deliberately Addictive (and Subsidised, Bundled) 'Tech'
It's long, so make a cuppa first
SLAPP Censorship - Part 153 Out of 200: Decades of Debt, Weaponising Borrowed Money to Try to Put Their Critics in Debt
they've always had a financial report by now
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Monday, August 17, 2026
IRC logs for Monday, August 17, 2026
Gemini Links 18/08/2026: Solar Power, Kipple and Impermanence, Catastrophe Ethics
Links for the day
Evri (HermesUK) is Now Run by Bots and Hallucinating Scammers
Years ago they virtually removed support and tried chatbots instead
Less Technology, More Life
Technology is being associated (sometimes rightly) with physical and mental problems
Google Search Has Gotten Worse (a Lot Worse)
getting worse
Birthday in 80 Days
we'll start decorating and party online with our community
Loans and Massive Debt at Microsoft, This Won't End Well.
Microsoft running out of money to pay salaries (to the point of paying people for 'voluntary' layoffs) is a positive sign?
Gemini Links 17/08/2026: Life in Plain Text, Mimicking KARL, Release of Jugulans, Avoiding Slop
Links for the day
Clown Storage Without Backups
Setting up several reliable copies of the data, plus several off-site backups (this data is nowhere as sensitive as medical data), should only cost a few grand
FreeCAD is Becoming Slop-ware, Use LibreCAD Instead
It has regular releases and "Qt5 is mandatory" now [...] they at least audit what they add
Cuba and Venezuela High in Adoption of GNU/Linux
some of the "communist" nations
Links 17/08/2026: Myanmar’s Cholera Outbreak, China Sends Commercial Vessels Through Arctic
Links for the day
GAFAM Loyalty Has Come to an End, Morale Low, People Whose Future is Uncertain Choose to Become "Lifers"
morale is low and there's no loyalty anymore
SLAPP Censorship - Part 152 Out of 200: Injunctions Do Not Cover Criticism, They Have Scope
self-incriminating communications
Clownflare Sees About Quarter of Web Requests in Ireland Coming From GNU/Linux
Well, in Ireland it seems like many people adopted GNU/Linux
Clownflare: In Australia and New Zealand GNU/Linux Peaks at Over 10% During Working Hours
That right there is interesting in its own right
Slowing Down by Intention
At the moment we have 6 or 7 ongoing series
Gemini Links 17/08/2026: Chamboree, Partial Solar Eclipse, Lady Macbeth
Links for the day
Links 17/08/2026: "Bluesky Is Down Again!" and "Anti-Social Media"
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Sunday, August 16, 2026
IRC logs for Sunday, August 16, 2026