Bonum Certa Men Certa

When EPO Does Not Control and Coerce the Judges — Part IV — No End in Sight for a System of “Institutionalised Injustice”?

Series parts:

  1. When EPO Does Not Control and Coerce the Judges — Part I — ILOAT 134th Session: Two More Bittersweet Victories for EPO Staff
  2. When EPO Does Not Control and Coerce the Judges — Part II — ILOAT Judgment No. 4550
  3. When EPO Does Not Control and Coerce the Judges — Part III — ILOAT Judgment No. 4551
  4. YOU ARE HERE ☞ No End in Sight for a System of “Institutionalised Injustice”?


Tyranny quote
What would Baron Montesquieu have made of the EPO’s dysfunctional legal system and its abject failure to protect the fundamental rights of staff, leaving them without any effective defence against the tyranny of managerial despots like Battistelli and Topić?



Summary: The EPO's management continues to operate in violation of the law with impunity, knowing it can take a decade for any sort of independent ruling to be issued and even then nobody will be held accountable

At the ILOAT, the wheels of justice continue grinding slowly through the toxic legacy of the Benoît Battistelli era.



In doing so, they are gradually adding new material to an already impressive collection of cases exposing the appalling "legal no-man’s land" which existed at the organisation during that time.

"Instead of making a credible effort to recommend proper and equitable redress for the complainants, Mahoney and his kangaroo committee simply rubber-stamped the impugned measures."Following the 134th session, it has now been confirmed by means of two more judicial rulings that Battistelli and his minions were guilty of a series of further egregious breaches of the fundamental rights of EPO staff, in particular the right to freedom of association.

Due to the disgraceful inaction of Battistelli’s successor, António Campinos, and the chronic dysfunctionality of the EPO’s internal justice system, these breaches were permitted to persist for the best part of a decade before the victims could obtain a final judicial decision striking down the impugned measures.

António Campinos and Željko Topić
Due to the disgraceful inaction of António Campinos (l.), and the chronic dysfunctionality of the EPO’s internal justice system, breaches of fundamental rights perpetrated by Battistelli and his minions, including Željko Topić (r.), were permitted to persist for the best part of a decade before the victims could obtain any kind of redress before the ILOAT.



It’s important to note that despite the manifestly unlawful and tyrannical character of the measures quashed by the ILOAT in Judgments nos. 4550 and 4551, these very same measures were previously given a clean bill of legal health by the EPO’s Internal Appeals Committee (IAC) under the stewardship of Sir Paul Mahoney, a former Judge at the European Court of Human Rights.

Sir Paul Mahoney Sir Paul Mahoney, former Judge at the European Court of Human Rights, whose appeals committee was responsible for upholding a significant number of unlawful measures subsequently quashed by the ILOAT.



Instead of making a credible effort to recommend proper and equitable redress for the complainants, Mahoney and his kangaroo committee simply rubber-stamped the impugned measures.

The only discernible effect of the IAC’s contribution to the affair was to add a further layer of delay to the procedure thereby obstructing the wholly legitimate attempts of EPO staff to obtain justice in a timely manner.

In the case of Judgment No. 4550, Michael Lund had to wait over eight years to obtain a ruling at the ILOAT which established that the premature termination of his IAC appointment had been unlawful.

Likewise, in the case of Judgment 4551, Laurent Prunier and his co-litigants had to wait over nine years before the totalitarian censorship imposed by Battistelli and his "bulldog" Topić in June 2013 was finally declared unlawful. During this time, one of the three complainants passed away and the complaint was pursued on her behalf by a designated successor.

"The only discernible effect of the IAC’s contribution to the affair was to add a further layer of delay to the procedure thereby obstructing the wholly legitimate attempts of EPO staff to obtain justice in a timely manner."By a curious twist of fate, Judgment No. 4550 has potentially far-reaching implications for the EPO’s notoriously dysfunctional internal justice system.

The findings of the Tribunal in this case imply that ever since 1 April 2014, the composition of the EPO’s IAC has been inherently irregular due to the unlawful restriction imposed on the CSC’s powers to nominate members by means of CA/D 2/14 (Battistelli’s so-called "Social Democracy").

In the words of the Tribunal, this unlawful restriction "substantially undermined, in various respects, the quality of the effective representation of staff on that body [i.e., the IAC]".

The inescapable legal consequence of ILOAT Judgment no. 4550 is that every opinion issued by the EPO’s IAC since 1 April 2014 is fatally vitiated by the irregular composition of the body which issued it.

Under normal circumstances such a dysfunctional state of affairs in the governance of a public body would qualify as a major scandal. But this is the EPO we are talking about here so don’t hold your breath waiting for the "captured media" to report on it.

Notwithstanding the media silence, there can be little doubt that Judgments Nos. 4550 and 4551 represent significant interim legal victories for EPO staff.

However, at the same time it is abundantly clear that the quality of "justice" delivered by the ILOAT leaves a lot to be desired.

"Notwithstanding the media silence, there can be little doubt that Judgments Nos. 4550 and 4551 represent significant interim legal victories for EPO staff."The derisory level of moral damages awarded by the Tribunal for what amount to serious breaches of the fundamental rights of staff means that such judgments cannot realistically be expected to have any deterrent effect on the EPO’s managerial and governing circles.

The Tribunal’s extraordinary leniency towards the EPO when it comes to imposing financial sanctions is difficult to justify.

This kind of unwarranted "kid-glove treatment" signals to the powers-that-be at the EPO that they need have no fear of any real consequences should they persist in their errant ways.

Ultimately, it is to be feared that the net effect will be to bolster the arrogance and complacency of Campinos and his minions during his second term of office.

After all, if Campinos feels inclined to continue trampling on the fundamental rights of EPO staff in the manner of his predecessor, he can do so in confidence that any alleged breaches will only be sanctioned by the ILOAT - if at all - long after he has departed.

"Ultimately, it is to be feared that the net effect will be to bolster the arrogance and complacency of Campinos and his minions during his second term of office."And even then, the costs to the EPO will be negligible. Financial sanctions at the level of a several hundred Euros are quite literally "peanuts" to an organisation which boasts of an annual budget of € 2.4 billion. (warning: epo.org link)

Under these circumstances, it’s clear that the system of redress available to EPO staff fails to provide timely and effective protection of their fundamental rights and that, consequently, it is not fit for purpose.

Unfortunately, in the absence of any discernible political will to rectify this situation, it looks like EPO staff are stuck with their intolerable system of "institutionalised injustice" for the foreseeable future.

Recent Techrights' Posts

Freedom, Not Fame, is His Goal
pursuit of money can be not only tiring but also involve abandoning one's freedom
Getting Better After 20 Years
Exactly two months from now this site is turning 20
 
Microsoft's Silent Layoffs Are the New Normal at Microsoft
Microsoft has a ton of layoffs all the time, but the media isn't mentioning those as no WARN notices get issued
SLAPP Censorship - Part 175 Out of 200: Implicit and Explicit Coalition Against the UK's SLAPP Industry
SRA recognises the problem
Further Transparency Problems at the EPO
The EPO was never meant to be profitable
Gemini Links 08/09/2026: "Everything Must Go", Announcing Perigee, and Presentations in a Browser
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Monday, September 07, 2026
IRC logs for Monday, September 07, 2026
Alleged Manager at IBM Says "[t]here are likely to be a lot (and I meant, A LOT) of RAs before December."
"We’re getting pressure from above to put some team members on PIPs."
Links 07/09/2026: Amazon Cargo Plane Crash, .org/.net/.com Domains Considered Risky
Links for the day
Gemini Links 07/09/2026: Cheese, Text-based Life, and Icons in Swaybar
Links for the day
Links 07/09/2026: Slop Trashes Memory of Parton, Flock Surveillance Infuriates Everyone
Links for the day
EPO Hiding Cocainegate and Abandoning Transparency (Even Access to Very Basic Information is Denied)
The EPO isn't just becoming like a private for-profit corporation. It's also becoming more secretive.
Richard Stallman Has Resurrected Lost Updates
We didn't ask about it
SLAPP Censorship - Part 174 Out of 200: Cascading Scandals and a Path Towards Much-Needed, Long-Awaited Reform
Reform the UK's law, not "Reform UK"
EPO's Gema Requena Sempere (PD People) Contacted Regarding Children With Disabilities
In the coming week we may be in fruitful contact with some media regarding EPO scandals
Over at Tux Machines...
GNU/Linux news for the past day
Gemini Links 07/09/2026: Music Composition, Free Stuff, and Self-hosting Git Repos
Links for the day
IRC Proceedings: Sunday, September 06, 2026
IRC logs for Sunday, September 06, 2026
People Who Enforce the GPL Banned From Linux Foundation Board (After Bribes From Prolific GPL Violators), Now They're Banned From Giving Talks at Events
about the "LF" ('Linux' Foundation)
Gemini Links 06/09/2026: The Slop Plagiarism 'Holy War' (Hype, Scam, Scheme), Burning CD-Rs, and Hardcopy Mono
Links for the day
Solicitors Regulation Authority (SRA) Inaction and Incompetence - Part IV - Insufficient Resources in the Face of Distributed Denial of Service (DDoS) by Lawyers
it's about 120KG
OpenStreetMap is the Future, Dictatorship is the Past
OpenStreetMap helped us check maps for transport, various overlays with addresses, and there was 0% reliance on GAFAM or "Google" anything
Silent Layoffs, Cool-down, and Cool-off: How GAFAM and IBM Operate (the Law Doesn't Apply to Them)
Laws? What laws?
How Strikes at the European Patent Office Are Seen by Striking Staff in Berlin, Germany
We have some more EPO scandals to cover later this year and next year
Association for Computing Machinery Cites Techrights in Relation to GemText and Gemini Protocol
published yesterday, Open Access
Links 06/09/2026: More XBox Trouble (Microsoft Unrest, Many Silent Layoffs This Month), John Duffy as Next USPTO General Counsel
Links for the day
Gemini Links 06/09/2026: Avoiding 'Smart' 'Phones' and Setting up Gemini for the First Time
Links for the day
Links 06/09/2026: Sabotage by Slop and "What Happens If 'Open' 'AI' Dies?"
Links for the day
How Back Doors Became the 'Normal' or 'Norm'
"We also allowed a lethal monoculture to fester"
Solicitors Regulation Authority (SRA) Inaction and Incompetence - Part III - The SRA is Vastly Worse Than Brits Realise, We Have a "Wild West" in London
In the next part we'll begin looking at correspondence with the SRA
SRA and Manslaughter: How the SRA Contributed to Agony in Proprietary Software Scandals With Clear Misuse of "Without Prejudice"
Trying to prevent the public from finding out the criminal stuff that went on, resulting in many deaths
Canonical (or Ubuntu) Rejecting IRC Isn't the Widespread Trend
Internet Relay Chat (IRC) adoption still growing by some yardsticks
SLAPP Censorship - Part 173 Out of 200: Two Years
It was exactly 2 years ago that we filed lawsuits against Garrett
Linux of America
We could not help but notice GNU/Linux in North America yesterday
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Saturday, September 05, 2026
IRC logs for Saturday, September 05, 2026
Gemini Links 06/09/2026: Internet Limiting (Limited Time Allotted) and Solar MiniServer
Links for the day
Eight Months of Strikes in EPO, Organised by the Staff Union (SUEPO) Also in Berlin
In Berlin, only one member of staff voted against the action plan