Bonum Certa Men Certa

The EPO's War on Justice and Assault on the Law -- Part 17: The External Members: Evangelos Chatzikos and Richard Arnold

Previously in this series:



Royal Courts of Justice, London, UK
Royal Courts of Justice London



Summary: A closer examination of Evangelos Chatzikos (Greece) and Richard Arnold (UK) as external members in case no. G 1/21, which starts later this week

Finally, we come to the "external members" of the panel dealing with case no. G 1/21:



Evangelos Chatzikos (Greece) and Richard Arnold (UK).


As we noted in an earlier part of this series, these "external members" are legally qualified members of the national courts or other quasi-judicial tribunals of the EPO's contracting states. They participate in EPO cases on an occasional basis but otherwise continue their normal judicial or quasi-judicial activities at the national level.

Their service at the EPO is regulated by the "Regulation on the appointment and conditions of employment of members of the Enlarged Board of Appeal".

According to this regulation they are remunerated on a case-by-case basis and receive a flat fee of EUR 1000 per case [PDF]. If the external member acts as rapporteur, then the fee is increased to EUR 2500. They are also entitled to reimbursement of travelling expenses arising from official journeys. From the regulations:

Athens court
Regulation - Article 11, Paragraph 5, EPC



These guys are what Benoît Battistelli would have called "real judges".

The Corsican despot never hid his disdain and contempt for the in-house judiciary at the EPO whom he considered to be his own personal "vassals". On one occasion it is reported that he even told the members of the Boards of Appeal to their faces:

"The Corsican despot never hid his disdain and contempt for the in-house judiciary at the EPO whom he considered to be his own personal "vassals".""A mon opinion, vous n'êtes pas de juges"

(Translation: "In my opinion you are not judges.")

Turning now to the "external members" in case G 1/21, the first thing that has to be said is that practically no information is publicly available about the Greek judge, Evangelos Chatzikos, apart from the fact that he is the President of the Court of First Instance in Athens.

Athens court
The Court of First Instance in Athens where Evangelos Chatzikos normally presides.



Chatzikos comes from a country whose legal system can hardly be said to enjoy a squeaky clean reputation.

"Chatzikos comes from a country whose legal system can hardly be said to enjoy a squeaky clean reputation."Back in June 2019, the Greek Parliament downgraded bribery of public officials from a felony offence to a misdemeanour, thus introducing more lenient criminal sanctions for such crimes.

This move drew strong criticism from the Council of Europe's anti-corruption body, the Group of States against Corruption (GRECO), and from the OECD.

Although there was a partial reintroduction of stronger criminal legislation in respect of bribery offences towards the end of 2019, GRECO concluded that more work was needed to render the criminal justice system fit for purpose if corruption was to be countered effectively.

More recently, the European Commission's Rule of Law report for 2020 identified serious problems in Greece regarding the administration of justice, pluralism in the media, the fight against corruption, the activities of lobbies as well as the protection of whistle-blowers. According to the report, Greece's justice system continues to face significant challenges as regards its quality and efficiency.

"Back in June 2019, the Greek Parliament downgraded bribery of public officials from a felony offence to a misdemeanour, thus introducing more lenient criminal sanctions for such crimes."None of this should be misinterpreted as an attempt to cast aspersions on the personal integrity of Mr Chatzikos. In the absence of any evidence to the contrary he is, in all probability, every bit as sound as the next man.

However, what is of relevance here is that Mr Chatzikos holds a relatively senior judicial position in a country whose legal system suffers from a predominantly negative image. This is not a matter of "prejudice" but is rather based on the independent assessments of intergovernmental bodies such as the Council of Europe and the European Commission.

Common sense tells us that you don't rise to occupy such a senior judicial position in any jurisdiction without knowing how to "play the game" according to the local rules.

"Common sense tells us that you don't rise to occupy such a senior judicial position in any jurisdiction without knowing how to "play the game" according to the local rules."Trying to put things as diplomatically as possible, the political environment in contemporary Greece combined with the lack of any publicly available information about Mr Chatzikos himself, suggests that he is unlikely to be too concerned about keeping the proceedings in case no. G1/21 on the "straight and narrow".

The other external member, Richard "Dickie" Arnold (UK) comes from a legal tradition that has a somewhat more positive reputation for procedural correctness and adherence to the rule of law.

Lord Justice Arnold - to give him his official title - is quite a well-known UK legal figure with a fairly prominent public profile.

He was appointed a Lord Justice of the Appeal Court in October 2019.

Richard Arnold
Richard Arnold was appointed a Lord Justice of the UK Court of Appeal in October 2019.



It's well know that Battistelli had a certain regard for British legal eagles - in particular he was fond of using QCs from 39 Essex Chambers to intimidate the Enlarged Board and stitch up SUEPO officials.

"Lord Justice Arnold - to give him his official title - is quite a well-known UK legal figure with a fairly prominent public profile."However, it's not certain that "Dickie" Arnold is someone who would have met with unconditional approval from the Corsican despot.

Back in 2016, together with a large group of other judicial colleagues in the UK, Arnold was involved in a legal complaint against the introduction of new judicial pension system that required employee contributions.

This was a "mass appeal" led by six high court judges - including Arnold who was 55 at the time - which was joined by 204 Crown Court judges, district judges, sheriffs and tribunal judges.

"This was a "mass appeal" led by six high court judges - including Arnold who was 55 at the time - which was joined by 204 Crown Court judges, district judges, sheriffs and tribunal judges."The six High Court judges appointed at a "relatively early age" took their action against the Ministry of Justice in connection with the pension changes which they claimed were discriminatory and less favourable in terms of benefits.

In 2017 it was reported that the aggrieved UK judges had won their claims against the Ministry of Justice in an employment tribunal ruling, which was estimated to leave the UK government facing costs of up to €£ 118m if the lost benefits were to be fully restored.

Lawsuits of this kind are precisely the kind of "disloyal" activity that Battistelli deprecated when "his" staff, both examiners and members of the Boards of Appeal, brought their complaints to the ILOAT.

“It is not ILOAT that manages the Office. It is childish, childish to write to judges in Geneva.”, he retorted, raising his voice menacingly.


Battistelli is unlikely to have been impressed by Arnold's participation in such a "childish" legal action against his employer.

Liz Truss
Justice Arnold was lucky that Chancellor Liz Truss didn't have the totalitarian powers of Battistelli.



"Dickie" Arnold and his colleagues were lucky that their boss, Chancellor Liz Truss, didn't have the totalitarian powers of an EPOnian President at her disposal. Otherwise they might have ended up in the Tower of London rather than enjoying the luxury of "due process".

"Battistelli is unlikely to have been impressed by Arnold's participation in such a "childish" legal action against his employer."Returning now to G 1/21, it has to be admitted that, in the final analysis, the external members of the panel are "dark horses" whose actions cannot be reliably predicted.

In particular, it's impossible to say how they are likely to react - if at all - to the concerns which have been publicly expressed about the suspected partiality of the Chairman and the other internal members of the panel.

"In particular, it's impossible to say how they are likely to react - if at all - to the concerns which have been publicly expressed about the suspected partiality of the Chairman and the other internal members of the panel."That concludes our introduction to the "external members".

Before presenting some concluding observations on the current state of play in case no. G 1/21, we will make a short diversion to look at Carl Josefsson's well-oiled PR machine which is likely to become increasingly active in the run-up to the hearing scheduled to take place on 28 May.

Recent Techrights' Posts

Teaser: To Compensate for the Fact Our Clients Are Terrible Human Beings Who Strangle Women (While on Microsoft's Payroll) and We Get Paid by Mystery Parties We Bombard You and Your Wife With Almost 10 Kilograms of Legal Papers
If you can't win an argument, then drown the other side with papers?
Now Confirmed in Western Media: Microsoft Azure Layoffs This Month
Affirmed by more sources moments ago
10 Out of 10: RMS Attracts Massive Audience in Göteborg, Sweden (All Seats Occupied, Some People Standing)
a 55-second clip of his talk
Slopwatch: Plagiarism and "Linux" Articles by Bots
Sites that do this won't survive; many of them rely on slop services (suppliers) that will cease to exist after the bubble bursts
 
Slopwatch: UbuntuPIT Churning Out Plagiarism and the Slopfarm LinuxSecurity Turns to Pseudonyms
Our hunch is, UbuntuPIT will sooner or later realise that this toxic approach is just harming UbuntuPIT and tainting the reputation of past articles
The Lawsuit by Clients of Brett Wilson LLP Against Brett Wilson LLP is Officially On, It is Progressing, The 'Experts' Pick Outside Law Firms (RPC and Mills & Reeve) to Spare Them From Litigants in Person
So it is probably quite potent
Gemini Links 11/10/2025: Nyctography, Gerrymandering, and Lurking
Links for the day
The 'Culture Wars' in Free Software Have Gone Out of Control
Social control media amplifies such utterly infantile discourse
Links 11/10/2025: World Mental Health Day 2025, Another European Legal Defeat for Microsoft 360
Links for the day
MIT Technology Review is Part-Time SPAMfarm of Billionaires and Mega-Corporations
Does MIT operate its own "b2b" SPAMfarm?
Open Source Initiative Executive Director Leaves, Replacement Sought by Monopolists, Not the Community or OSI Members
Serves to show who runs this show...
Links 11/10/2025: China-US Tensions Grow Again, "Hey Hi" More Widely Recognised as Bubble Made of Capital That Doesn't Exist
Links for the day
Peter O'Callaghan QC represented grandparents, Westernport Hotel, at Liquor Royal Commission
Reprinted with permission from Daniel Pocock
Either The Register MS Divests From FOSS Coverage or Liam Proven is on Long Holiday
Publishers perish when their audience loses trust in them
Microsoft Cancelling Another Datacentre is a Sign of Financial Trouble and Lack of Growth
The debt continues to grow
Gemini Links 11/10/2025: An Evening at the Fair and Fast Fourier Friday
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Friday, October 10, 2025
IRC logs for Friday, October 10, 2025
Geminispace is Very Large
The word continues to spread and the number of participants grows
Another Wave of Microsoft Layoffs, This Time During National Day Holiday
This time it's China again
Staying Happy in Times of Crackdowns on Civil Society
Optimism in this sort of "new reality" or "new normal" seems like something for the irrational person
"Nobel" Exploited Posthumously for "AI" Hype, Now They Do the Same With "Quantum"
ere have been many jokes about "Nobel" for peace (often granted to pro-war people) and a fake one for "Economics" (establishment propaganda)
Distinguished Lecture by Richard Stallman This Coming Monday in Rome
After "Free software, Crucial for Freedom in a Digital World"
Links 10/10/2025: Putin Admits Russia Downed Azerbaijan Airlines Jet, More New Heat Records
Links for the day
Noteworthy Claim That IBM is Firing a Lot of Lawyers This Week (RAs in the Legal Department)
A lot of what they do is patent 'trolling' or lawyering up against their own staff (e.g. HR disputes)
Links 10/10/2025: US Judge Bars Attacks by ICE On Journalists and Protesters; “We Took The Freedom of Speech Away” Says the President
Links for the day
Slopwatch: Serial Sloppers, Google News Gifting Slopfarms, and Fake News/Plagiarism About "Linux"
Google itself is a slop pusher these days
Qualcomm, the New Owner of Arduino, Blasted for Its Software Patents Tax on 'Smartphones'
A lot of Qualcomm's patents are on software. We wrote about this in prior years.
XBox Layoffs Rumours, Downtime, and Criticism From XBox Co-Founder
"everyone is ditching the xbox."
Links 10/10/2025: Honoring The Legacy Of Robert Murray-Smith, Many Articles on the Hey Hi (AI) Bubble
Links for the day
Gemini Links 09/10/2025: October Gothic and Reading Middle Earth Role Playing; C and Ada
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Thursday, October 09, 2025
IRC logs for Thursday, October 09, 2025
Links 09/10/2025: Farewell to Jane Goodall, California Bans Algorithmic Price-Fixing
Links for the day
Gemini Links 09/10/2025: Lost Wages and a Saga Of Continuing To Use Palm PDAs
Links for the day
Richard Stallman's Talk in Helsinki is Done. Tomorrow Göteborg.
There are scarce details in Finnish about Dr. Stallman's talk
New XBox Leaks Probably Serve to Confirm XBox's Collapse (Many More Layoffs)
It's very much consistent with what many other sites have reported lately
The Slop Song
The train wreck marches on
LLM Slop/Advanced Plagiarism Flooding the Zone With Capital That Does Not Exist
Many publishers out there still participate in this bubble instead of calling it what it is
Links 09/10/2025: Sacked Microsoft Workers Make "Sackbird", IBM Taps CockroachDB for PostgreSQL
Links for the day
"Happy Hacking Day" Richard Stallman Talk This Afternoon (From 14:00 to 16:00) at Haaga-Helia University in Pasila
Richard Stallman in Helsinki, Finland
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Wednesday, October 08, 2025
IRC logs for Wednesday, October 08, 2025
Links 09/10/2025: Impact of Microsoft Layoffs, More Data Breaches
Links for the day
Gemini Links 09/10/2025: Autumn Blues and C IRC Bot
Links for the day