Lets not use false characterizations to describe the actions

Story: Microsoft Hired Ex-EU Judges for Mock TrialTotal Replies: 9
Author Content
ThaneEichenauer

Mar 30, 2006
5:24 PM EDT
of Microsoft. Microsoft didn't coerce any ex-judges. The article alleges they hired ex-judges.
tadelste

Mar 30, 2006
6:31 PM EDT
Am I missing something? Would you restate your post so it makes sense?
grouch

Mar 30, 2006
9:39 PM EDT
tadelste:

Pay attention. It's all summed up in that eloquent first sentence:

"of Microsoft."

What more needs to be said? It's all-encompassing. (The punctuation and grammar sucks, but the deification is supreme).
Tracer

Mar 30, 2006
10:11 PM EDT
Hey, my bad. I posted this when I was half asleep, I guess. I have a degree in English, of all things, so this is disappointing to me. Evidently, I did the dumb thing of using the word, "coerce". That was a bad word choice. There was no coercion. Can anyone edit this and just state that Microsoft is going to such an extreme in fighting the EU antitrust case that, instead of just fixing the problem, they're having to play mock trial, hiring ex-EU judges to help them? That's all that needs to be said and the article can speak for itself. Thanks.
tadelste

Mar 31, 2006
6:59 AM EDT
Tracer: No, the editor-in-chief has no intention of changing the lead. Your choice of words works for me and I too have an undergraduate degree in English.
Skapare

Mar 31, 2006
9:43 AM EDT
Money is a very good coercive force. It can get you judges, sheriffs, police officers, congress persons, etc.
tadelste

Mar 31, 2006
11:23 AM EDT
grouch: How have you lived this long? Must have been a teacher or a prison guard.
grouch

Apr 01, 2006
8:22 AM EDT
tadelste: Worse - gas pump jockey, construction worker (grunt and foreman), office worker (refused the suit, though), carpenter. Married a teacher.

Maybe that's why I have such a hard time feeling sorry for people who have never _had_ to work. Dubya and the BillG, to me, represent a kind of parasitic mutant weasel species that craftily finds ways to suck sustenance from others' labors. Turn the spotlight on them and it reveals how they slither past the rules of society or between the cracks rather than showing any qualities inspiring admiration or pathos.
henke54

Apr 10, 2006
8:35 AM EDT
EU judges get half pay while working for private clients Justin Stares in Brussels (Filed: 09/04/2006)

European Union judges are continuing to be paid half their substantial salaries for three years after their posts have ended.

Sir David Edward formerly Britain's top European Union judge, is still receiving £90,000 a year even though his 14 years with the European Court ended in 2004.

The generous payments have come under scrutiny after it emerged that Sir David, 71, was working for Microsoft in its effort to overturn a record fine imposed by the very court in which he once sat.

Sir David and Melchior Wathelet, Belgium's former judge at the EU court, have briefed the software giant's executives at the same time as pocketing "feathered landing" severance payments of half their previous annual salaries.

After an approach by Ian Forrester, Microsoft's European counsel, Sir David and Mr Wathelet were flown to New York in February for a "dry run" of the Microsoft hearing.

They were paid to ensure that the company's arguments would be convincing to the Luxembourg court, which will be asked, later this month, to overturn the company's €497 million (£347 million) fine for alleged abuse of dominant position, in addition to other imposed measures designed to ensure Microsoft's competitors have access to market-leading technology.

According to European legal sources, former EU judges can demand fees of up to £5,000 a day, plus costs, when working for the private sector. At the same time, Sir David and Mr Wathelet are entitled to EU severance payments designed to ensure that they suffer no hardship when seeking employment at the end of their mandate.

The payments are made for three years after departure, and are worth up to 65 per cent of a judge's basic salary, depending on length of service. In Sir David's case, his 14 years entitle him to 60 per cent of his £150,000 basic pay until next January.

The double income puts both former judges in a potentially compromising position. "It seems problematic to me," Karel Van Miert, the former EU competition commissioner, told the Belgian newspaper Le Soir. "I have always tried not to find myself acting against the commission. I think you have to wait for a certain amount of time to pass before accepting an offer from a company. You have also to check that there is no conflict of interest."

Sir David defended his decision to advise Microsoft. "There is no impropriety in undertaking other paid work while the severance payment is being paid," he told the Sunday Telegraph. "Indeed, it would be surprising if there were such a bar, since many former members of the court leave at an age when they have to find other remunerated employment."

Dry-run hearings with former judges, for the benefit of executives, while unheard of in EU circles, are commonplace in America, Sir David said. "The case is highly technical and we were primarily concerned with the coherence and intelligibility of the technical presentation. I have never taken part in such an exercise before, but, having done so, I can see the value of it, not only for the lawyers presenting the case, but also for the court to which they will present it."

Responding to Mr Van Miert's criticism, Sir David said the case was being brought by the European Commission, not the court. "Former judges are under no obligation to the commission," he said.

The controversy has exposed the absence of a code of conduct for former judges. They are merely expected to "behave with integrity and discretion as regards acceptance of appointments or benefits". Sir David conceded that such a code would have put his actions beyond claims of impropriety.

There is concern that some judges in the case, scheduled to start on April 24 and last for five days, are too old to grasp the technical elements. "Some of them have never heard of a bit or a byte," said one source close to the case. http://www.telegraph.co.uk/news/main.jhtml?xml=/news/2006/04...
shl2003

Apr 23, 2006
3:07 PM EDT
LAST POSTER SHOULD CHECK THE FACTS

See that Sunday Telegraph has printed correction and wirhdrawn the original story from its website for legal reasons:

http://www.telegraph.co.uk/opinion/main.jhtml?xml=/opinion/2...

Posting in this forum is limited to members of the group: [ForumMods, SITEADMINS, MEMBERS.]

Becoming a member of LXer is easy and free. Join Us!