Violation of labour and trade union rights in the European Patent Organisation (EPO)

26.5.2015

Question for written answer E-008382-15
to the Commission
Rule 130
Kostadinka Kuneva (GUE/NGL) , Lynn Boylan (GUE/NGL) , Martina Anderson (GUE/NGL) , Pablo Iglesias (GUE/NGL) , Lola Sánchez Caldentey (GUE/NGL) , Stelios Kouloglou (GUE/NGL) , Paloma López Bermejo (GUE/NGL) , Barbara Spinelli (GUE/NGL) , Fabio De Masi (GUE/NGL) , Tania González Peñas (GUE/NGL) , Helmut Scholz (GUE/NGL) , Neoklis Sylikiotis (GUE/NGL) , Kostas Chrysogonos (GUE/NGL) , Matt Carthy (GUE/NGL) , Miloslav Ransdorf (GUE/NGL)

The Dutch appeal court recently ruled (case number 200.141.812/01/17-2-2015) that the European Patent Organisation (EPO) violated workers’ labour rights deriving from the EU Treaties and the EU Charter of Fundamental Rights. Consequently the Dutch court, exceptionally, has not accepted the immunity EPO enjoys as an international organisation, since this immunity cannot allow for human rights violations. Nevertheless EPO declared it would ignore the ruling pleading execution immunity.

— Does the Commission agree with this ruling, according to which, as regards guaranteeing fundamental rights, the EU Treaties and the EU Charter of Fundamental Rights prevail over bilateral and multilateral agreements, including those providing immunity to organisations such as the EPO?

— If so, what does it intend to do to prevent the abuse of immunity rights and defend the EU citizens’ and employees’ rights and the community acquis in organisations such as EPO which while exercising judicial functions is at the same time breaching the European legal order rules?

— How does the Commission scrutinise that the positions EU Member States’ representatives take in the administration of EPO are compatible with the rights enshrined in the EU Treaties and the EU Charter of Fundamental Rights — taking into account that the EU Member States constitute the majority in the organisation?