niyazz-shutterstock-inc-netherlands-
24 January 2017Patents

EPO immune from Dutch jurisdiction in trade union row, says Supreme Court

Courts in the Netherlands have no jurisdiction to rule on a dispute between the European Patent Office (EPO) and a staff union, according to a decision by the Dutch Supreme Court.

The Supreme Court’s ruling, which was handed down on Friday, January 20, covers the EPO’s clash with the Staff Union of the European Patent Office (SUEPO).

SUEPO argued that the EPO had violated the European Convention on Human Rights (ECHR) by limiting the right to strike, blocking emails from the trade union and refusing to recognise the union.

In early 2015, the Dutch Court of Appeal held that the EPO was not entitled to immunity from jurisdiction despite being an international organisation.

It also ordered the EPO to provide the union with unrestricted access to the email system of the EPO, allow the union to enter into collective bargaining, and stop dictating the length and type of industrial actions.

But, in a win for Benoît Battistelli, president of the EPO, this decision was set aside by the Supreme Court.

“We welcome this decision by which the court considers the Dutch courts as not competent to deal with this case, in application of the principle of immunity which is essential for the independence and functioning of any international organisation,” said the EPO in a statement.

The EPO added that the Supreme Court acknowledged that its existing internal dispute resolution system is in line with the requirements under the ECHR concerning the right of access to legal redress.

A source close to SUEPO said the union was disappointed with the decision, which has “obvious implications for international organisations based in the Netherlands, who are now free to violate fundamental rights if they so wish.

“While we are disappointed with the decision, we are also comforted to learn that the issue of immunity of international organisations (and abuse thereof) is being taken up by the Council of Europe, a debate in which SUEPO’s counsel participated,” they said.

Did you enjoy reading this story?  Sign up to our free daily newsletters and get stories like this sent straight to your inbox.

Already registered?

Login to your account

To request a FREE 2-week trial subscription, please signup.
NOTE - this can take up to 48hrs to be approved.

Two Weeks Free Trial

For multi-user price options, or to check if your company has an existing subscription that we can add you to for FREE, please email Adrian Tapping at atapping@newtonmedia.co.uk


More on this story

Patents
10 May 2017   The Staff Union of the European Patent Office has filed a complaint with the European Court of Human Rights over its dispute with the European Patent Office.