Bonum Certa Men Certa

EPOLeaks on Misleading the Bundestag -- Part 14: The Notorious Revolving Door

Series index:

  1. The EPO Bundestagate -- Part 1: How the Bundestag Was (and Continues to be) Misled About EPO Affairs
  2. The EPO Bundestagate -- Part 2: Lack of Parliamentary Oversight, Many Questions and Few Answers…
  3. The EPO Bundestagate -- Part 3: A “Minor Interpellation” in the German Bundestag
  4. The EPO Bundestagate -- Part 4: Parroting the GDPR-Compliance Myth
  5. The EPO Bundestagate -- Part 5: The Federal Eagle's Disconcerting Metamorphosis
  6. EPOLeaks on Misleading the Bundestag -- Part 6: Dr Petri Starts the Ball Rolling…
  7. EPOLeaks on Misleading the Bundestag -- Part 7: Ms Voßhoff Alerts the Bundestag…
  8. EPOLeaks on Misleading the Bundestag -- Part 8: The EPO's Tweedledum, Raimund Lutz
  9. EPOLeaks on Misleading the Bundestag -- Part 9: A Veritable Virtuoso of Legal Sophistry
  10. EPOLeaks on Misleading the Bundestag -- Part 10: A Faithful Lapdog Despised and Reviled by EPO Staff
  11. EPOLeaks on Misleading the Bundestag — Appendix (Benoît Battistelli's Vichy Syndrome): Georges Henri Léon Battistelli and Charles Robert Battistelli
  12. EPOLeaks on Misleading the Bundestag -- Part 11: The BMJV's Tweedledee: Dr Christoph Ernst
  13. EPOLeaks on Misleading the Bundestag -- Part 12: A Worthy Successor to His Mentor?
  14. EPOLeaks on Misleading the Bundestag -- Part 13: The Failed Promise of a “Good Governance” Guru…
  15. You are here ☞ The Notorious Revolving Door


A revolving door
Christoph Ernst is one of the many beneficiaries of EPO's notorious revolving door arrangement.



Summary: The Benoît Battistelli-António Campinos shuffle left some people in the EPO's upper management better off; they're being rewarded for complicity, so there's no incentive to do the right thing but to do the wrong thing

Like his mentor Raimund Lutz, Christoph Ernst is a beneficiary of the well-known - not to say notorious - revolving door arrangement between the Administrative Council and the senior management of the European Patent Office.



"The conflicts of interest which can arise as a result of this set-up became very clear in the case of Battistelli who was elected as Chairman of the Council for a three-year term starting in March 2009."It has often been argued by EPO insiders and others that this arrangement is detrimental to the governance of the organisation and that it significantly weakens the Council's exercise of its supervisory authority over the Office.

The conflicts of interest which can arise as a result of this set-up became very clear in the case of Battistelli who was elected as Chairman of the Council for a three-year term starting in March 2009.

Battistelli had hardly taken up this position when he decided that he wanted to be President of the Office after Alison Brimelow announced in May 2009 that she would not be seeking an extension of her appointment (due to expire at the end of June 2010).

The records of the Council show that, in June 2009, Battistelli was responsible for drafting the document which set out the details of the vacancy notice for the position of EPO President and the election procedure to be followed.

This document (CA/103/09) included the "candidate profile" and requested that all applications be sent directly to Battistelli in his capacity as Council Chairman - despite the fact that he was planning to enter the running along with the other contenders, including the "alpha males" of the Council, Roland Grossenbacher and Jesper Kongstad.

"The records of the Council show that, in June 2009, Battistelli was responsible for drafting the document which set out the details of the vacancy notice for the position of EPO President and the election procedure to be followed."Battistelli's conduct in this regard gave rise to a long and heated discussion during the marathon three-day 118th meeting of the Council held in Munich from 23 to 25 June 2009. Some minutes/extracts are archived here [PDF].

There were outraged protests from various quarters, including the Austrian delegation which announced that it was "perplexed that [the election procedure document] CA/103/09 had been drawn up by a potential candidate for the presidency".

The Austrian delegation called for the Council to put on record that if its Chairman (Battistelli) and deputy Chairman (Kongstad) became candidates they could not perform their duties, not only for the actual election but for all agenda items at all meetings until the election was over.

In the end, the election procedure document drafted by Battistelli had to be revised twice - a first revision on 24 June followed by a second revision the next day - and the Council compelled Battistelli to step aside as its Chairman, at least until the election procedure was concluded.

After the selection of an interim Chairman - the head of the Spanish delegation, Alberto Casado Cerviño - a protracted election procedure involving several rounds of voting took place.

"In the end, the election procedure document drafted by Battistelli had to be revised twice - a first revision on 24 June followed by a second revision the next day - and the Council compelled Battistelli to step aside as its Chairman, at least until the election procedure was concluded."In March 2010, after much intransparent backroom wheeling and dealing, Battistelli finally managed to secure the requisite three-quarters majority of Council delegates.

This was despite the fact that, at the time in question, he held elected public office in France as a municipal councillor and deputy mayor for culture, and was actively affiliated to a political party, namely "Les Républicains".

It is recalled that at the time in question, this political party was led by Nicolas Sarkozy who in March of this year became the first former French President to receive a custodial sentence for corruption. Sarkozy is reputed to have strongly supported Battistelli's campaign to become President of the EPO.

Battistelli's holding of elected public office on a party ticket should have automatically disqualified him from being appointed to a senior managerial position in an international organisation.

But the Administrative Council remained oblivious to this unmistakable conflict of interest.

A conflict of interest
The Administrative Council appears to have difficulties recognising conflicts of interest.



Once Battistelli had secured the top job in the Office administration for himself, he proceeded to co-opt into his management team no less than three other members of the Council who had supported his candidature:

● Alberto Casado Cerviño, head of the Spanish delegation, who became VP1; ● Raimund Lutz, head of the German delegation, who became VP5; ● Željko Topić, head of the Croatian delegation, who became VP4.

At the same time, it is alleged by EPO insiders that Battistelli cemented his control over his successor as Council Chair, Jesper Kongstad. He reputedly did this by getting his HR dompteuse, Elodie Bergot, to place Kongstad on the Office payroll with a tax-free five-digit monthly salary equivalent to that of an EPO Principal Director.

A conflict of interest silo
The governance structures of the EPO create a situation with a huge potential for conflicts of interest.



As can be seen, the governance structures of the EPO together with the established practices of the Administrative Council create a very precarious situation in which there is a huge potential for unresolved conflicts of interest.

EPO bribes
The Council risks becoming overly preoccupied with divvying up the spoils.



The biggest risk here is that the Council as a whole may become so preoccupied with divvying up the spoils that ignores its statutory duty to attend to the proper governance of the organisation.

"It is abundantly clear that the existence of a revolving door arrangement between the Council and the upper ranks of the Office management creates a situation which is not at all conducive to "good governance"."In addition to this, individual Council delegates who set their eyes on one of the available senior management positions in the Office administration run the risk of allowing their decision-making to become unduly influenced by their own personal ambitions. If this happens, it is likely that they will fail to exercise their role as members of the supervisory body in an appropriately objective manner.

As can be seen from the case of Christoph Ernst, the potential for such conflicts of interest is likely to be particularly acute when it comes to the Council Chair who is supposed to direct the meetings of the Council in a neutral and impartial manner and in the interests of the organisation as a whole.

It is abundantly clear that the existence of a revolving door arrangement between the Council and the upper ranks of the Office management creates a situation which is not at all conducive to "good governance".

The problems inherent in the existing institutional structures and practices are aggravated by the lack of any effective system of checks and balances to safeguard against abuses.

The decision to set-up an Audit Committee in 2009 was a first step towards tackling these issues.

However, the Audit Committee which was established by the Council under the Chairmanship of Battistelli in March 2009, vanished from the face of the earth in 2011.

"Moreover, by agreeing to Battistelli’s misguided proposal to disband the Audit Committee, the Council left itself bereft of any independent source of advice and information."As is well known, the disbanding of the Audit Committee took place on foot of a proposal submitted by the very same Battistelli who, in the meantime, had managed to reinvent himself as the President of the Office and liege lord of the Administrative Council.

Moreover, by agreeing to Battistelli's misguided proposal to disband the Audit Committee, the Council left itself bereft of any independent source of advice and information.

The highly detrimental consequences of the Council's supine compliance with Battistelli's machinations in this regard are plain to see - at least for all those who are not inclined to turn a blind eye to them.

In the next part we will conclude our review of Christoph Ernst's disappointing track record in the area of EPO governance and indulge in a little speculation about how someone with more integrity and backbone might have ended up as head of the German delegation during the Battistelli era.

For the record, here's IAM's puff piece about the new EPO President [PDF]. No criticism of course, as the EPO pays IAM through PR firms and the reciprocity complicity is seemingly endless.

IAM on new EPO President

Recent Techrights' Posts

Slopwatch: A Cause for Hope, the Hype is Dying
For about a month we showed that becoming a slopfarm - for several weeks - resulted in utter failure and ruin for BetaNews
The EFF Sided With the Team That Strangles Women and Tells Women to Kill Themselves
They say that apathy and inaction are a form of a "stance"
Exemplary List of Things That Are Not Artificial Intelligence or Even Intelligence
The "age of AI" or "era of AI" or "AI revolution" mostly boils down to rebranding, just like "the cloud"
GitHub Copilot Can Cause the Bankruptcy of GitHub to Come Sooner and GitHub to be Shut Down Just Like Skype
Some publicly available information suggests that even for each paid subscriber for plagiarism (LLM 'coding') GitHub Copilot still loses more money than it makes
 
EPO Staff Committee on Harassment in the Workplace
slides
Adding the Voice of Writers to UK SLAPP Reform
The journey to repair antiquated (monarchy era) laws will likely be long
EPO Takes More Money From Staff for Speculation (Pensions), Actuarial Study Explains the Impact
"The key change in this year’s Actuarial Study, due to cascading the new “risk appetite” from the financial study, is a significant increase of the total pension contribution rate of 5.7 percentage points, up to a total of 37.8%. This is driven by an unprecedented decrease in the discount rate of 105 bps down to 2.2%."
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Friday, July 11, 2025
IRC logs for Friday, July 11, 2025
Microsoft - Like IBM - Does the "Relocation" Tricks (Start Over Elsewhere, Then Get Sacked by Microsoft)
It is a "low blow" or a "dick move"
After the Free Software Foundation's Campaign to Raise Money Let's See Campaigns to Finish Off Microsoft (Vista 11, GitHub etc.)
Microsoft is in effect collapsing
Your Publications Have No Major Impact Unless or Until You "Get Some Heat"
we're on the right track
Links 11/07/2025: Censorship Worsening, 3D Printing Success Stories, UK and France Unite Around Nukes
Links for the day
Gemini Links 11/07/2025: Zorin OS and Scriptonite Updates
Links for the day
Links 11/07/2025: Hardware, Russia, and China
Links for the day
Links 11/07/2025: Intel Collapsing and Microsoft Resorts to Bribery to Push Slop Via Obligatory Education
Links for the day
"Nat [Friedman] and [the Serial Strangler From Microsoft] Were Always Exceptionally Close," Says Former Housemate and Colleague
Now Alex (hiding behind another name when that suits him) not only attacks women but also people who merely report what he did to women
New Letter From the European Patent Office Explains How the Office Plots to Grant Many Illegal Patents, a Self-Fulfilling Prophecy of 'Growth'
Open letter to Mr Rowan (VP1) and Mr Aledo Lopez (COO)
Abuse of Process
5RB is employing people who help violent men
What Microsoft's Nat Friedman and Microsoft Lunduke Have in Common
"Get in da car; No time to explain, loser"
Microsoft and IBM Don't Have Much of a Future (They Mostly Pretend at This Point)
IBM and Microsoft are in some ways alike but in many ways different
It's Not Just Twitter (or X.com) That's Dying, Microsoft's Equivalent is Dying Also
Unable to find a business model
Wayland is Bad for the Planet
If you use Wayland, it'll take you longer to accomplish tasks and you will consume more energy (or battery life)
Legitimising Those Who Sabotage You
Microsoft is a very malicious company
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Thursday, July 10, 2025
IRC logs for Thursday, July 10, 2025
On Microsoft Layoffs
we might be looking at about 60,000 Microsoft layoffs since 2023
EPO Management Already Breaks Its Own Promise (Lie) on "Bringing Teams Together"
This gut-punching move happened just 2 days ago
Gemini Links 11/07/2025: Occupation of 2025 and "Old Man Yells At Soundcloud"
Links for the day
Our Lawsuits Against the 'Cancel Mob' (Ringleaders) Helped Reduce Anti-Free Software Online Abuse
That's not to say that lawsuits are the best way to handle terrible people. But that can help.
Tomorrow is the Last Day of the Fund-Raising Campaign of the Free Software Foundation (FSF)
They will probably extend the date, as usual
Fixing Patents in Europe, Little by Little (by Transparency and Reporting of Suppressed Facts)
Tomorrow and throughout the weekend we shall focus some more on the EPO
The Two Lies Microsoft is Telling in "the News" This Week (to Distract From Layoffs and Decreased Interest in Slop/Chaff)
Microsoft is run by liars and frauds who SLAPP critics
Tux Machines Already Destroyed SLAPPs
Attacks on the mere publication of GNU/Linux news won't be tolerated
PCLinuxOS is Available for Download Again
PCLinuxOS is important to us also because its founder, back then the partner of Susan, helped create Tux Machines more than 21 years ago
Links 10/07/2025: Microsoft E-mail 'Services' Collapse Again, "Yet Another Strava Privacy Leak"
Links for the day
Gemini Links 10/07/2025: Automating Git Repo Updates and Small Web 'Zine'
Links for the day
GNU/Linux Leftovers
mostly Linux stuff
Audiocasts/Shows: Going Linux, FLOSS Weekly, and RHEL Clones
3 new picks
We Are Already Fighting - With Considerable Success - SLAPPs in the UK
we intend to tell the full story
Bullies With Pens and Papers (or Apple Macs With Templates)
Not all barristers are evil, but there are perhaps "rotten apples"
Slopwatch: webpronews.com, linuxsecurity.com, linuxjournal.com
a pile of trash disguised as 'articles'
Links 10/07/2025: Linda Yaccarino Divorces MElonazi Site, Wildfires Hit Syria
Links for the day
The History and the Policy of the EPO's Stance on Breastfeeding (Corporate Monopolies Versus Babies' Health)
"The Case for Introducing a Breastfeeding Policy at the EPO"
Gemini Links 10/07/2025: Inventing Chords and "Nightmare Boss"
Links for the day
Igor Ljubuncic Once Again Shows That for Technical Reasons Wayland Still Sucks, Performs Considerably Worse Than What Existed for Decades
That is aside from compatibility factors and other crucial factors
Links 10/07/2025: "Apple Vs The Law" and Twitter Became Full Nazi Bar
Links for the day
Unable to Find Anyone to Work as Their Media Lawyer, Brett Wilson LLP Will Continue Losing Female Staff
What sort of sick person would wish to join Brett Wilson LLP to carry this baton?
Microsoft-Sponsored Propaganda Site Has Removed False 'Hit Piece' About Dr. Stallman (With Fake and Misrepresented Imagery) But Only After 4 Years
So they only removed that page some time around 2025, i.e. about 4 years after it had been published
Always Check Your Inputs
Garbage in, garbage out. Or wrong assumptions, wrong corollary.
Dan Neidle Said That Tax Evasion Facilitator Mr Zahawi (Working to Silence Bloggers Through Brett Wilson LLP) Targeted Not Only Him (But The Others Kept Quiet)
"Mr Neidle said after repelling Mr Zahawi he was contacted by bloggers and tweeters who had received similar threats. They deleted their work “and in most cases never commented publicly on anything again”."
SLAPP Funding Transparency Urgently Needed in the UK and Elsewhere (in Practice, Not Just in Theory)
Writing about crime - including Microsoft crime - is not a crime
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Wednesday, July 09, 2025
IRC logs for Wednesday, July 09, 2025
Elodie Bergot Still Doing Illegal Things at the EPO, Based on the Local Staff Committee Munich
They keep taking away from the staff while compelling the staff to do illegal things