IPKat Blog, "EPO AC says no to Battistelli & yes to the rule of law"
"The Administrative Council of the European Patent Office (EPO) has rejected the proposal from the President, Benoit Battistelli, (reported here) which would have seen them bypass the Enlarged Board and proceed directly to dismissal of a Board of Appeal member, contrary to Article 23 EPC. Instead, the matter has been formally referred to the Enlarged Board with a request that it make a proposal for dismissal." The decision was also commented by WIPR.
"Merpel initially thought she detected, in the section dealing with the "social situation" a recognition by the AC that the unrest and low morale in the Office need to be dealt with, in spite of repeated denials from Mr Battistelli.However, launching a social study "in close co-operation with the President" deprives that study of any credibility. A report which is vetted, contributed to, and possibly edited by the President will be a whitewash."
The comments note that the Communiqué is silent on the ongoing investigation of staff representatives, and especially the accusations against Elizabeth Hardon, Chair of SUEPO Munich and the Local Staff Committee.