Challenge

The EU imposed onerous penalties on our client, the Republic of Bulgaria. €825 million of pre-accession funds were frozen. It was a response to its alleged failure to combat corruption, organized crime and misuse of EU funds. Funds worth up to €7 billion over the next six years were also at risk. The Bulgarian government turned to Alber & Geiger for help.

Strategy

Alber & Geiger’s multi-faceted approach involved sophisticated legal analysis calibrated through a dynamic, institution sensitive communications strategy. It incorporated practical considerations like staff changes in the Bulgarian government as well as larger semantic and structural reasons for misunderstandings.

Results

Alber & Geiger was able to restore trust and confidence between the European Commission and the Bulgarian government. The result was the unfreezing of the €500 million in EU funds and the de-jeopardizing of the rest of the €7 billion.

Challenge

Alber & Geiger was tasked with the challenge of navigating the sensitive contours of Europe’s environmental consciousness to safeguard its client’s industry. A EU-wide ban on plastic bags was in the pipeline. Papier-Mettler was the largest producer of plastic bags in the EU. Such a measure would have had dramatic implications on our client’s business. Papier-Mettler turned to Alber & Geiger for help.

Strategy

We adopted an expansive macro-strategy. Its multi-faced argumentation had scientific, legal, political, social and economic elements. It utilized the framework of environmental consciousness. In doing so, it demonstrated that certain plastic bags provided the better choice for the environment, economy and the wider community. In particular, we showed that the majority of plastic bags produced in Europe were not “single-use” and caused fewer greenhouse gasses compared to paper and cotton bags.

Results

The source of Alber & Geiger’s ultimate success in this mandate was the expedience with which the firm transmitted its methodology through an environmental paradigm. As a consequence of our persistent lobbying efforts we halted the EU wide ban. In addition, we thwarted the approval of several discriminatory national legislations in the Member States.

Challenge

Our client, a Lottery Association, was faced with a network of monopolistic EU Member State laws and regulations that impeded the ability of its members – all private lottery operators – to exercise EU market freedoms. Alber & Geiger was enlisted to steer the developing legal framework in the field of gambling law and tear down restrictions of private lotteries in Europe. The challenge was to politically link the freedom of establishment with cross border lotteries based on the CJEU’s decisions on gambling freedom.

Strategy

The strategy was built upon the respected Opinion of our Chairman on the Gambelli case when he was a Advocate General at the CJEU. The Opinion was used as a roadmap for judicial and legislative change during this seminal mandate. It articulated the narrow circumstances where a restriction on freedom of establishment would be justifiable by general interest concerns.

The strategy was structured on all levels according to the integral components of the Opinion. It utilized the intellectual resources of our firm to co-ordinate the legislative dialogue in a direction that facilitated the creation of a EU wide free gambling market. We provided components of the machinery as well as oiling the cogs of law reform.

Results

We provided long term, fixed judicial capital for our client and legislative change. Due to the ongoing successful execution of our strategy, recent judgments of the CJEU with respect to German and Austrian gambling restrictions have been echoing the Opinion.

The CJEU now professes that in order to justify monopolistic state gambling regulations legislation must “ensure a particularly high level of protection” and a “coherent” gambling market. There must now be specific and narrow circumstances to legitimize curtailments to the freedom of establishment in the gambling market. This CJEU strategy must now be followed by the European Commission when checking EU Member States’ gambling restrictions.