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

Sophie Brun, Raphael Hertzog & Debian sexual conflicts of interest
Reprinted with permission from Daniel Pocock
Instant Bluewashing at Confluent: Mass Layoffs Alleged at IBM
So the main question is, did IBM just fire 800 people?
 
Gemini Links 18/03/2026: Librarians, Phone Anxiety, Growing 'Small' Net, and Slop Versus Software Engineering
Links for the day
Estimates That IBM to Lay Off Close to 10,000 Workers in 2026 (Not Counting People Pushed Out)
There's still chatter about Confluent mass layoffs
Smug Threat by Garrett to Put My Family and I in Prison Doesn't Prove We Did Anything Wrong, It Only Proves He's Truly Desperate to Stop Further Publications That Embarrass Him
his reputation is poor in the United States
systemd Increasingly Microsoft Project, Controlled by Microsoft and Slopware
Cannot allow choice
What IBM Meant to Red Hat: "Proprietary Bundling, Restricted Source Access"
Anyone or anything that joins IBM likely shortens its lifespan
IBM Thrashing Confluent Upon Arrival, Based on Rumours
We deem it a bigger issue that investigative journalism perished, not that one must rely on hearsay online or mere "rumours"
Slop Is Plagiarism, Not (Vibe) Coding, and It's Not Automated, It Doesn't Save Money
Reject misnomers, explain what's actually happening
UPC is Still Illegal and Unconstitutional (Kangaroo Court for Patents, Manned by Corporate Staff), Federal Court of Justice of Germany Receives Belated Complaint About It
What is happening to Europe???
EPO Demonstration Happening Right Now, Later This Week Things Will Only Escalate Further
The SUEPO The Hague Committee wrote to staff this morning
Links 18/03/2026: Commodore's Hedley Davis Dies, Apple Not Good Enough, Cheeto "Floats Treason Charges for Iran War Coverage"
Links for the day
A Step Close to Shutting Down the European Patent Office (EPO)
Not going to work all month long
EPO Staff Demonstration Today
The demonstration will be live-streamed for those thousands of colleagues who don't live in Munich
Gemini Links 18/03/2026: Brazilian SYN Attacks and BGP
Links for the day
LibreLocal Also Coming to Jordan, Kenya, Mexico, New Zealand, and Spain
It helps raise awareness of Software Freedom
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Tuesday, March 17, 2026
IRC logs for Tuesday, March 17, 2026
Microsofters' SLAPP Censorship - Part 14 Out of 200: Men Who Strangle Women (and Worse) Trying to Force Us to Write Public Apologies to These Men
For those who never before saw a SLAPP, they basically make many demands
"Vibe-forking" and Why It'll Ultimately Fail (Hype on Top of Hype)
Code made with LLMs sucks; converting solid, human-tested code into slop only complicates matters and increases risk
Updates About Richard Stallman's Free Software Foundation
After all those years (a decade) and in spite of phony scandals many people out there still respect him
LLM Slop With "Linux" in the Domain Names
This is becoming a pain and a problem also in the arts and in software engineering
The EFF Has a Bug, Fixing This Bug is Likely Not Possible Anymore
"the EFF's continued existence impairs the arrival of a replacement organization, one which will actually champion digital rights."
Links 17/03/2026: Microsoft Windows Broken by Samsung, Afghanistan-Pakistan War Escalation
Links for the day
Gemini Links 17/03/2026: Newcomers and False-Positive 'Slop'
Links for the day
Héctor Orón Martínez & Debian shadow candidate pressure on Sruthi Chandran
Reprinted with permission from Daniel Pocock
Links 17/03/2026: American Fentanylware (TikTok) Investors Implicated in Kickbacks, "Big Oil Knew It Was Wrecking Louisiana’s Coast"
Links for the day
For Third Time in a Week The Register MS Runs Google SPAM That Paints Google as an Ally of Women (Which is False, They're Womanisers)
What does that make The Register MS to women?
British Justice Minister Sarah Sackman Blasts Solicitors Regulation Authority (SRA)
The "legal industry" is due for "some reckoning"
GAFAM Deprecating Old Videos ("Content") by Removing the Support for Their Format for No Good Reason
"Security" is not a valid excuse
Credit/Debit Cards Have Long Been Called Plastics, Over Time They're Becoming More Like Pure Plastics
They cost less than a dollar to manufacture
The European Patent Office (EPO) Holds a Public Demonstration Tomorrow and It'll be Live-streamed
The EPO's workforce was meant to be capable of speaking many languages and have extensive experience in the sciences
People Who Attacked Techrights Also Attacked My Mother
Picking on old ladies because you don't like Free software advocates is never OK
Little Community Element Left in CentOS
CentOS, unlike Fedora, was meant to be long supported and solid
Social Control Media is Cancel Culture (Companies Like Facebook Also Punish/Ban Accounts for Mentioning "Linux" and Lobby for Anti-Linux Legislation)
The masters of Social Control Media decide what ideas can and cannot be expressed
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Monday, March 16, 2026
IRC logs for Monday, March 16, 2026
Someone at Association for Computing Machinery (ACM) is Censoring the Birthday Greetings to Richard Stallman
Some people remember
The European Patent Office (EPO) Illegally Transitioning Into 'Gig' 'Economy' Equivalent (a Shop for Patent Monopolies in Europe)
for scabs aka SEALs
At Least Six EPO Strikes Next Month (Yes, Six!)
The pressure intensifies over time
Several MPs Blast Solicitors Regulation Authority (SRA) for Inaction and Ineffective Action This Week
"Four MPs have written to the SRA"
Microsofters' SLAPP Censorship - Part 14 Out of 200: The Abusive Cases of the Serial Strangler From Microsoft and His Litigation Buddy Garrett Did Cause "Serious Harm"
claims were de facto abandoned at the trial
Today's Discussions About How IBM Pushes Workers Out
The corporate media keeps trying - baselessly and in vain - to paint everything that happens with the "hey hi" brush
Linux Teck (linuxteck.com) and Ubuntu PIT (ubuntupit.com) Are Botspam
now they just keep experimenting by trashing their sites and reputation
Links 16/03/2026: Moscow Experiencing Cellphone Internet Outages, "Salman Rushdie Is Tired of Talking About Free Speech"
Links for the day
Links 16/03/2026: Arctic Security and 'Mr. Nobody Against Putin'
Links for the day
Gemini Links 16/03/2026: KN95 Skins and CSS Surprises
Links for the day
Debian is Dying for Some of the Same Reasons IBM's Fedora is Rapidly Dying
Prioritising CoC censorship, not communities
The Register MS is Again Femmewashing GAFAM (Which Makes Widows) in Exchange for Money
This is a moral issue because they betray or harm women and prop up authoritarian regimes
Gemini Links 16/03/2026: AB 1043, Lagrange Android Beta 47, and Poetry
Links for the day
"Slop-forking" or "Vibe-forking" as the New 'Noble' Plagiarism
New Cloudflare Slop Project?
EPO "Cocaine Communication Manager" - Part VII - Cult Mentality, Mobbing, Nepotism
Does the EPO actually believe in the law?
2026 Microsoft Layoff Rumours
Surely if we had properly-functioning media, then someone would investigate this rather than rely on official statements from Microsoft and WARN notices
EPO Strike This Week
contact your national representatives about it
Gemini Links 15/03/2026: "Create Opportunities for Good Things to Happen", DOSbook, and Bitcoin Criticism
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Sunday, March 15, 2026
IRC logs for Sunday, March 15, 2026
Pirate Praveen Arimbrathodiyil & Debian denouncing volunteers, hiding romances
Reprinted with permission from Daniel Pocock