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

In Techrights, Gemini and HTTP/HTML Are Very Different
Those were never equivalents or mirrors, those are two things that are inherently different and are maintained by different teams
"The War on Children" Explained by The Cyber Show
Consumer protection and the war on children
 
Hate Consumes the Haters
If you hate someone (or something) and you're willing to do anything for "hate rituals", then at the end the emotion will outweigh reason and it'll backfire, surely
GNU/Linux Rises Some More Internationally, statCounter Now Estimates Its Usage on Desktops/Laptops at 7.7%
significant growth for GNU/Linux in Japan, China, Thailand, Vietnam, Indonesia and Cambodia
IBMers on PIPs and the Age (or Cost) Factor
People in their 50s seem to be targeted as they are considered "expensive"
Sad State of Troll-Feeding British Media (Establishment Channels Promoting Total Idiots)
Breeding ignorance means people will assume they have a choice between two pieces of trash: "Nige" or a literal trash can
Links 27/07/2026: Sleepless Japan PM Takaichi Becomes Unpopular and Data Centre Magnate Confiscate Land Without Consent
Links for the day
A Few Hours Ago The Register MS Published an 'Article' With "AI" 32 Times in It, Including First Word in Headline and Summary. It Was Paid SPAM "Sponsored by Hammerspace".
The lost media is engaging in self-harm
Microsoft is Down
This relates in a timely fashion to what we published yesterday
Gemini Links 27/07/2026: Gemified Internet RFCs, “Junk DNA” Is Commented-Out Code, and More
Links for the day
The Techrights Gemini Capsule Was Never a Mirror
Techrights has long taken accessibility quite seriously
Americans Are Not Our Masters
If you are subjected to online abuse, don't give up
Daniel Pocock Campaigns Around "Safety of Children Online" and "Cybersecurity"
There seems to be a growing 'coalition' in the UK based around important issues which impact the entire planet
XBox the Console is Practically Finished (Unofficially), Even the Streaming ("Live") or DRM Service is Dead
XBox has never been closer to profitability
Many CEOs Are Just Glorified Scammers With Suits and Ties
Economies cannot function when few people abuse them for self-enrichment
After statCounter Figures Out Many "Unknowns" Were in Fact GNU/Linux the "Market Share" Estimate in China More Than Doubles
Japan is the same for similar reasons
peppe8o - a Site About Raspberry Pi, Arduino and Electronics - Has Turned Into a Slopfarm
We won't be linking to it anymore
Feeding 'the Children'
Maybe some time soon we'll do a fund-raiser to help feed the birds
Japan: GNU/Linux Crosses the 5% Threshold, Two Years Ago It Was Only 1%
Now it's at over 5%
We Need More Transparency
Our heads of state are very much aware of and concerned about SLAPPs and censorship
EPO Cocainegate and Current EPO/EU Series to Carry on for Months to Come
Another week has begun
When IBM "Managers Have to Mark 15% of Their Teams as Low Performers" a PIP Means Likely Layoffs (Disguised as a Performance Issue)
"IBM is a Law firm with an I/T department."
Links 27/07/2026: Chatbots Lead to Suicides, Social Control Media Intentionally Designed for Addiction
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Sunday, July 26, 2026
IRC logs for Sunday, July 26, 2026
Daniel Pocock in Mainstream Media Again
AFR wrote an article today. It is about Pocock and another contender.
Millions of Daily Requests
4.5+ million requests in 4 days
In statCounter, a Lot of "Unknown" Turns Out to be GNU/Linux
GNU/Linux has more than doubled
3,500 Active Gemini Capsules Soon
How much longer before 3,500+ active? A month?
Gemini Links 26/07/2026: European Eclipse, Writing About Writing, and Comments on Formatting Gopher Posts
Links for the day
Stigma of Being Laid Off by Microsoft
One might call this the "curse" of having worked for Microsoft
Silent Layoffs (PIPs) Have Allegedly Accelerated Since IBM's Stock Cratered
"IBM is Managing Decline, Not Building Growth"
Non-Techs Using Slop Run Fedora and It's Turning Out to be a Total Disaster
RIP, Fedora?
Gemini Links 26/07/2026: Beach Day, CAs, and Plaintext
Links for the day
Sweden Needs GNU/Linux and Free Software, Not GAFAM
home of IKEA and ABBA
Being Pro-Slop is Death Knell to One's Credibility
It's not hard to see Ubuntu users resisting and antagonising this
Maintenance Today
Preparing for more mass-publication activities
Links 26/07/2026: "Zelenskyy Says Russia Wants To Bring North Korean Troops Into Ukraine", Muslim Van Ramming Attack on Berlin Pride
Links for the day
Centrica fraud exposed: worse than Palestine Action 'terrorists' with cardboard placards
Reprinted with permission from Daniel Pocock
Links 26/07/2026: "Nate Silver Discovers the Educated Poor" and "India’s “Cockroach” Protest Movement Faces State Repression"
Links for the day
The Slop Bubble is Killing the Planet, Not Just the Economy
The chatbot/LLM speculation bubble not only causes a health crisis, a mental health epidemic, and climate change; it's also crashing the economy on several levels
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Saturday, July 25, 2026
IRC logs for Saturday, July 25, 2026
IBM Hammers a CoI Into a CoCed Fedora, RIP Fedora?
Also in the "Fedora is dead" dept. today
Gemini Links 25/07/2026: Zoo, MUD, Literature, EMF Camp, and e-ID
Links for the day
European Patent Office (EPO) Series: The Solution of No Choice: A Shortlist of One
deployment of the "shortlist of one" by Campinos
Wife of Dan Williams Has Explained Mental Factors Leading to His Death
"We need to be open and honest about mental health," his wife pleads
Several New Series Coming Soon
we'll publish 8 series in tandem, in parallel
Insolvency as the New Norm in the United States' Economy
this is vastly worse than then 2008 subprime mortgage crisis
IBM's CEO Might 'Retire' or 'Step Down' by Christmas
PIP the CEO
Misleading Articles About YouTube and Google Financial Performance
The future of Google is self-serving monopolisation and destruction of the Web
Microsoft Cannot Survive the Fall of Windows
It has amassed way too much debt
Links 25/07/2026: Hong Kong Squashing Criticism/Dissent, Mirror Caught Breaking Into Voicemail
Links for the day
PIPs Are Shrinking IBM and "IBM is Managing Decline, Not Building Growth"
IBM is going down the drain
IBM is Killing the Fedora Community, Replacing It With LLM Slop From IBM Staff
Krishna buys companies only to gut them. They've all learned this from experience.
Give Me Your "Dumbest" (Devices)
Why can't people accept that a "modern "smart" "phone" isn't necessary to check the time (overkill) and playing social control media "on the go" is far from necessary?
Earlier This Year Dan Williams Prepared for Scenario Where Linus Torvalds Dies
He had only just started a job at NVIDIA
Links 25/07/2026: Data Breaches Abundant and Attribution Imperiled in the Age of Slop Hype
Links for the day
Gemini Links 25/07/2026: Poetry and Plaintext Pages
Links for the day
What is Doctor of Philosophy (Ph.D.)
In many cases, the acronym became a misnomer
IBM PIPs Continue Until Morale Improves, Silent or Quiet Firings at IBM Explained
IBM is a dying company
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Friday, July 24, 2026
IRC logs for Friday, July 24, 2026