Bonum Certa Men Certa

Koch's Reply to EPO Through ILO and Techrights' Interpretation of Koch v EPO Documents Help Show That ILO-AT is Played by EPO Management

"Played" an understatement for controlled?

You should re-run the case. When we're about to lose the case.



Summary: Sending cases back and forth, without the complainant being involved, means that justice is in eternal 'limbo' and thus the abusive management of the European Patent Office (EPO) -- first Team Battistelli and now Team Campinos -- can get away with anything the bullies do (no judgment of substance being delivered)

THE gross injustice at the EPO is absolutely astounding. What's even more astounding is the fact that politicians tolerate this. Astonishing! The EU? It blocks EPO staff that talks about it. "Shut up, little man, you're interfering with the system!!"

This will, at least for the time being, be the last post regarding Koch v EPO [1, 2, 3, 4, 5, 6, 7]). It's a case which concerns a dismissed staff representative who suffers from a disability (likely due to the EPO's working conditions) and the case isn't being properly handled by ILO-AT. It's almost like there's nobody to talk to -- no safeguards in other words. Somebody ought to inform the Dutch courts (even the highest one) because if all these courts refuse to intervene -- even ECHR (the European Court of Human Rights) -- China's Communist Party will be having a day field. The EPO's management already clarified, even on Dutch TV, that even if the highest court ruled against it, the orders would be ignored, i.e. disobeyed. Just like China ignoring the ICC regarding the island of Scarborough (among others).

"The EPO's management already clarified, even on Dutch TV, that even if the highest court ruled against it, the orders would be ignored, i.e. disobeyed."Are EPO employees being employed outside the rule of law? Is EPO like a sweatshop in China (except the higher pay)? What can management be allowed to get away with? That question concerns/impacts not only thousands of EPO workers but workers in dozens of international organisations (not only those ILO-AT is responsible for).

We're still trying to digest what we saw in legal documents of Koch. Some of those are public and others we've requested so as to better study the case.

The 129th session of ILO-AT is now over. SUEPO has not said anything in its public site. No updates there (for 3 days now)...

"SUEPO has not said anything in its public site."It is understandable that SUEPO will not want to comment on this case for a number of reasons, but we're not bound by the same rules EPO staff (and staff unions) are subjected to, so let's explain again what we have here.

As far as the referrals of cases to the EPO for "re-running" the internal appeals are concerned, these issues refer to the functioning of the EPO's juridical system in rather general terms, not just to Koch's individual case/s. In cases AT 5-4532 and AT 5-4384 we see an example of that; these concern very serious issues (AT 5-4532: refusal of an employment medical examination in case of occupational disease;AT 5-4384: irregular dismissal -- see these tweets with the parties' latest replies in re AT 5-4532). The complainant could potentially be hit very hard by any flaws of this system.

Unusual in re AT 5-4532 is also the realisation that the EPO attempts to have the fees of its (probably extremely expensive!) lawyers in Geneva (chosen and commissioned by the EPO, of course) to be paid -- at least partly -- by the complainant, alleging that case AT 5-4532 would be an "abusive and unnecessary" procedure (the EPO in its surrejoinder, para. 62) while the complainant receives just a small early retirement pension under protest. Such course of action reveals the EPO management's completely unfounded, but extreme hate against the complainant, a former staff representative with disabilities.

"Unusual in re AT 5-4532 is also the realisation that the EPO attempts to have the fees of its (probably extremely expensive!) lawyers in Geneva (chosen and commissioned by the EPO, of course) to be paid -- at least partly -- by the complainant..."The issue of "re-running" of internal appeals (IAs) by the EPO is particularly noteworthy. The EPO might attempt this in many dozens is not hundreds of cases, impacting a lot of aggrieved (abused) EPO employees. It is particularly serious because the EPO does this (i) after a final decision on them, contrary to the Tribunal's standard Jurisprudence: Judgment number 2906, under 8., Judgments number 994, under 14., or Judgement number 1006, under 2. and (ii) after their lawful referral to the Tribunal and (iii) without awaiting any decision by the Tribunal on them. The EPO withdraws final decisions and "re-runs" IAs of its own volition/initiative.

Worse yet is the fact that no fresh view on the cases and no fairer or more impartial Opinion by the Internal Appeals Committee (IAC) can be expected from the "re-running": The reason for this is that -- to paraphrase what we we wrote earlier -- the IAC's unbalanced composition reproved by the Tribunal in Judgment number 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 the former rules on the IAC's composition required) was just "legalised" by the EPO in the meantime, by just a change of the respective rules for the IAC's composition during the Battistelli era.

"...such issues of lawlessness under the EPO's Service Regulations are now being exploited to also neutralise ILO-AT and ILO-AT apparently allows this to happen!"These issues are likely to concern hundreds of cases of EPO staff against their employer, such cases being lawfully pending before the Tribunal. In the unlikely event that the Tribunal deemed this way of acting by the EPO lawful, the EPO would largely benefit from its own turpitude while staff would remain deprived of access to the Tribunal as the only judicial instance under the Service Regulations for an indefinite (in some cases probably meaning an infinite) period of time. In other words, cases could be referred to the Tribunal and back to the EPO like in a ping-pong game, as the EPO was (probably intentionally) introducing "flaws" in the IAs procedure which it subsequently alleged to mend in a "re-run" IAs procedure, with different flaws in different rounds of repetition of the IA. This way a treatment of a case in substance by the Tribunal could be prevented by the EPO. Put another way, a treatment of a case in substance by the Tribunal could be prevented by the EPO, at least a treatment "within a reasonable time", contrary to the complainants' fundamental rights under Article 6 ECHR.

"Re-running" of internal appeals on (the defendant's initiative only) would be an incredible precedent; such issues of lawlessness under the EPO's Service Regulations are now being exploited to also neutralise ILO-AT and ILO-AT apparently allows this to happen!

Recent Techrights' Posts

Daniel Pocock elected on ANZAC Day and anniversary of Easter Rising (FSFE Fellowship)
Reprinted with permission from Daniel Pocock
Ulrike Uhlig & Debian, the $200,000 woman who quit
Reprinted with permission from disguised.work
Girlfriends, Sex, Prostitution & Debian at DebConf22, Prizren, Kosovo
Reprinted with permission from disguised.work
Martina Ferrari & Debian, DebConf room list: who sleeps with who?
Reprinted with permission from Daniel Pocock
 
Joerg (Ganneff) Jaspert, Dalbergschule Fulda & Debian Death threats
Reprinted with permission from disguised.work
Amber Heard, Junior Female Developers & Debian Embezzlement
Reprinted with permission from disguised.work
[Video] Time to Acknowledge Debian Has a Real Problem and This Problem Needs to be Solved
it would make sense to try to resolve conflicts and issues, not exacerbate these
[Video] IBM's Poor Results Reinforce the Idea of Mass Layoffs on the Way (Just Like at Microsoft)
it seems likely Red Hat layoffs are in the making
IRC Proceedings: Wednesday, April 24, 2024
IRC logs for Wednesday, April 24, 2024
Over at Tux Machines...
GNU/Linux news for the past day
Links 24/04/2024: Layoffs and Shutdowns at Microsoft, Apple Sales in China Have Collapsed
Links for the day
Sexism processing travel reimbursement
Reprinted with permission from disguised.work
Microsoft is Shutting Down Offices and Studios (Microsoft Layoffs Every Month This Year, Media Barely Mentions These)
Microsoft shutting down more offices (there have been layoffs every month this year)
Balkan women & Debian sexism, WeBoob leaks
Reprinted with permission from disguised.work
Links 24/04/2024: Advances in TikTok Ban, Microsoft Lacks Security Incentives (It Profits From Breaches)
Links for the day
Gemini Links 24/04/2024: People Returning to Gemlogs, Stateless Workstations
Links for the day
Meike Reichle & Debian Dating
Reprinted with permission from disguised.work
Europe Won't be Safe From Russia Until the Last Windows PC is Turned Off (or Switched to BSDs and GNU/Linux)
Lives are at stake
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Tuesday, April 23, 2024
IRC logs for Tuesday, April 23, 2024
[Meme] EPO: Breaking the Law as a Business Model
Total disregard for the EPO to sell more monopolies in Europe (to companies that are seldom European and in need of monopoly)
The EPO's Central Staff Committee (CSC) on New Ways of Working (NWoW) and “Bringing Teams Together” (BTT)
The latest publication from the Central Staff Committee (CSC)
Volunteers wanted: Unknown Suspects team
Reprinted with permission from Daniel Pocock
Debian trademark: where does the value come from?
Reprinted with permission from Daniel Pocock
Detecting suspicious transactions in the Wikimedia grants process
Reprinted with permission from Daniel Pocock
Links 23/04/2024: US Doubles Down on Patent Obviousness, North Korea Practices Nuclear Conflict
Links for the day
Stardust Nightclub Tragedy, Unlawful killing, Censorship & Debian Scapegoating
Reprinted with permission from Daniel Pocock
Gunnar Wolf & Debian Modern Slavery punishments
Reprinted with permission from Daniel Pocock
On DebConf and Debian 'Bedroom Nepotism' (Connected to Canonical, Red Hat, and Google)
Why the public must know suppressed facts (which women themselves are voicing concerns about; some men muzzle them to save face)
Several Years After Vista 11 Came Out Few People in Africa Use It, Its Relative Share Declines (People Delete It and Move to BSD/GNU/Linux?)
These trends are worth discussing
Canonical, Ubuntu & Debian DebConf19 Diversity Girls email
Reprinted with permission from disguised.work
Links 23/04/2024: Escalations Around Poland, Microsoft Shares Dumped
Links for the day
Gemini Links 23/04/2024: Offline PSP Media Player and OpenBSD on ThinkPad
Links for the day
Amaya Rodrigo Sastre, Holger Levsen & Debian DebConf6 fight
Reprinted with permission from disguised.work
DebConf8: who slept with who? Rooming list leaked
Reprinted with permission from disguised.work
Bruce Perens & Debian: swiping the Open Source trademark
Reprinted with permission from disguised.work
Ean Schuessler & Debian SPI OSI trademark disputes
Reprinted with permission from disguised.work
Windows in Sudan: From 99.15% to 2.12%
With conflict in Sudan, plus the occasional escalation/s, buying a laptop with Vista 11 isn't a high priority
Anatomy of a Cancel Mob Campaign
how they go about
[Meme] The 'Cancel Culture' and Its 'Hit List'
organisers are being contacted by the 'cancel mob'
Richard Stallman's Next Public Talk is on Friday, 17:30 in Córdoba (Spain), FSF Cannot Mention It
Any attempt to marginalise founders isn't unprecedented as a strategy
IRC Proceedings: Monday, April 22, 2024
IRC logs for Monday, April 22, 2024
Over at Tux Machines...
GNU/Linux news for the past day
Don't trust me. Trust the voters.
Reprinted with permission from Daniel Pocock
Chris Lamb & Debian demanded Ubuntu censor my blog
Reprinted with permission from disguised.work
Ean Schuessler, Branden Robinson & Debian SPI accounting crisis
Reprinted with permission from disguised.work
William Lee Irwin III, Michael Schultheiss & Debian, Oracle, Russian kernel scandal
Reprinted with permission from disguised.work