Challenge

Alber & Geiger was retained by Terna, one of the leading construction companies in Greece, who was awarded the contract to construct and operate the Greek part of the 4,400km Central Motorway (E65) connecting Malmö in Sweden to Chania in Greece.

With only one section of the Greek part completed since the award of the tender, Terna relied on our support to get the approval for both the northern and southern sections of the motorway that had been pending for years under the European Commission’s State aid rules.

Strategy

Alber & Geiger targeted key officials in different Directorates of the European Commission to overcome the impasse on the State aid clearance. Alber & Geiger worked in tandem with Members of the European Parliament to gain support for the completion of the two remaining parts of the E65 motorway. We attached language that emphasised the strategic European dimension of that North-South axis through the EU, an EU project that actually had been planned for decades.

We also pointed out the contribution of the E65 motorway to competition and regional development. Moreover, we focused on the E65’s strategic importance for Greece, the South-East Europe region and the European transport road network, as well as its positive impact on jobs, tourism and investment.

Results

Our ability to combine legal, economic, social and political arguments ensured the approval of the entire project under the EU State aid rules. The European Commission cleared the funding for the construction of the southern part of the motorway. Later, the European Commission cleared the path for the construction of the northern section of the E65.

Challenge

Under the tobacco advertising directive, the EU Commission’s goal was to hunt down ‘insidious forms’ of tobacco advertising. For this reason, the directive had addressed both direct and indirect advertising to close loopholes. Davidoff and Lancaster had been accused of indirect tobacco advertising through the marketing of perfume products. The challenge was to convince the EU Commission in particular and the EU institutions in general that promoting the Davidoff brand image was not tobacco advertising.

Strategy

The strategy focused on the differentiation between direct and indirect tobacco advertising which the directive had established. The latter being mainly based on a brand diversification strategy of companies. In most cases these brand diversifications were meanwhile brand products of their own, not connected to tobacco products in any way.

But the directive’s wording not only addressed the marketing and advertising of such a diversification product like perfumes or clothes. It actually also addressed the diversification product itself, considering the sheer existence of the perfume as indirect tobacco advertising.

Results

We prevented the EU Commission from getting entangled into a wasteful litigation that would have compromised legitimate economic activity. Insofar as issues for Davidoff remained unresolved by lobbying we successfully executed a CJEU case.

Challenge

The Ukrainian company Milkiland had been ignored and effectively passed down with respect to a crucial development loan from the European Bank for Reconstruction and Development (EBRD). Milkiland sought out help. The challenge was to overcome the network of interests that were blocking the EBRD from assessing the request of Milkiland on the face of it.

Strategy

The strategy was for us to simulate a check and balance mechanism in a more private context, within the nature of EBRD, being positioned in between the public and private domain. We co-ordinated the relevant playmakers and acquired a detailed awareness of EBRD’s internal politics. We delicately navigated the assortment of economic and political objectives and obligations.

We put forward that the behaviour of the EBRD was contrary to the purpose of the organization. By prejudicing the position of a Ukrainian company, it was acting against the stated objective of helping Ukraine become a stand-alone market economy.

Results

The result was a tremendous 30 million dollar loan for Milkiland. This achievement was the consequence of a careful triangulation of sensitive political and private interests. Legal and institutional certainty, and ethical business behaviour, are now a cause for enhanced development prospects in Ukraine.