Christoph Ernst: ‘rigid regime’ cloud over achievements EPO president Battistelli

Well, for years Christoph Ernst was head of the German delegation to the Administrative Council of the EPO. Did he there oppose any of the controversial measures pushed through by Battistelli, including various attacks against union members, or any of the series of AC decisions which stroke a - probably - fatal blow to the independence of the Boards of Appeal?

It is a bit easy to complain about the present president a few months before he leaves. For a start I doubt very much that the present tenant of the 10th floor has strengthened the position of the EPO. I even have strong doubts. Future will tell if the patents granted in last five years will have the same resiliency as those before he started his crusade against staff. That things could and even should change at the EPO is not part of the debate. What is however tragic and should not have happened is the way things have been made to change. It boils down to consider that EPO staff was a lazy bunch which only deserved a kick somewhere. This is the idea with which the present president came to the EPO. In this endeavour he got all the support from the AC, and Mr Ernst is not a member of the AC since last year. Mr Ernst did not oppose a lot of the amendments introduced in the staff regulations. he positively voted much of them, even when other big countries were much more reserved on the issue. He did oppose a few, and as far as is known, the changes in status of the Boards of Appeal. But not much more. Mr Ernst would be more credible now, had he requested systematically a vote with a qualified majority. This would have avoided that when voting over some very important changes, that the votes of some small countries to have a much higher weight than they actually deserve. I have nothing against small countries, but the tenant of the 10th floor knows how to make small countries vote his way. And this not with his own money, but that of the users of the system. When one sees for instance, that the changes for the Boards, especially sending them to Haar in order to improve the perception of their independence (sic), were voted mainly by countries having hardly an application going at the EPO, one wonders whether he was as concerned at the time as he makes out now. In spite of what Mr Ernst claims, the Boards of Appeal have not gained in independence. In order to receive a further 5 year contract, a member must have produced enough. In which judiciary system is the continuation of the work as judge subjected to quantitative constraints? In the past the Praesidium of the Boards could propose its rules of procedure. Nowadays, it is heard, but the rules of procedure are decided by the Boards of Appeal Committee. I could go on. When looking at what happened in the AC, it was at least for the last 5 years the tail wagging the dog. The president was controlling the AC and not the AC controlling the president. Let's see if Mr Ernst has the real will and power to revert to the former situation. In older times it even happened that the AC refused to accept the budget of the president..... The first exercise when Mr Ernst can show whether he wants the Council to control the Office and not the other way round, is whether the present tenant of the 10th floor will manage to get the most stupid reform he thought off through: 5 years contracts for examiners as off 01.01.2018. If Mr Ernst, and other members of the Administrative Council of the EPO wants an organisation which is not just a bunch of mercenaries for a short length of time, but rather wants a perennial organisation, the AC will have to oppose strongly such a move. If this move is approved 6 months before the arrival of a new president, then it is not only to despair from the AC and its members, but it will also be a blow in the face of the incoming president. If people stay for 5 or 10 years, then there is clearly no chance that they get involved in union matters or the like. But is then the EPO still in a position to deliver the quality of work which has made its reputation? When the Principal Directors began to get 5 years contracts, the effect was clearly to be seen. From 3 ½ years onwards, the thought was only: what can I do to get my renewal? This is the best way to stifle critics, but the damages brought about through the attitude “Yes prime minister”, leads in general to a cultural collapse. Is this the future the member states wish to the EPO? Then they will be killing the cash cow. Let’s hope Mr Ernst realises well the immense responsibility he has taken over, and that he will bring back to the institution the urgently needed peace and quiet.

So, Herr Ernst sees a need for improvement in the "social culture" prevailing under President Battistelli at the EPO. I suppose the AC's lengthy complicity in the culture of Battistelli leaves Herr Ernst unable to call it how it really is, in the area of employee relations at the EPO. Ever the optimist, I will suppose that Herr Ernst well knows already, and here is alluding to, Team Battistelli's utter contempt for what we in Europe are most proud of, namely, due process, a fair trial and The Rule of Law. That, gentle readers, is a disgrace, an embarrassment for Western European civilisation and social values. The sooner M. Battistelli (and his flunkeys and hangers-on, one floor down from the President's penthouse) are out on the street, the better. I await for the AC (and the incoming President) to set a good example to the rest of the world. It is not as if the EPO can't afford to treat its employees fairly, is it?

Sirs, I understand that the document concerning contract staff has recently been removed from the AC December meeting, after the meeting of the Board 28 which organises the agenda. The Budget and Finance Committee had recently not decided on the document. At the moment contracts unde this scheme cannot begin on 01.01.2018.

@ Head Down Believing in fairy tales is a dangerous thing given the current brutal regime and in particular the pronounced taste of PD HR to pick on those who work hard to pay her salary. The situation is a little more subtle than what you present here: a) the point is still is still on the agenda of the December AC for information b) the "cunning plan" of Mrs Bergot (after her debacle during last AC meeting with a pathetic presentation of it lacking any substantive work) is to review her deficient document and have it back for the March 2018 Council for decision So much for "off the table"