Challenge

The Giurgiulesti port of Chișinău in Moldova is an important strategic hub for all shipping to the black sea. It is a high EU political strategic value with regard to neighboring Russia.

In Moldova, we were faced with the task of steering tough EU diplomatic entanglements, in a direction that secured justice for our Azerbaijani client. The client was an important investor in Moldova. His interests in the Moldovan port which also involved huge EBRD investments had been compromised by an EU national.
Our client had sought a solution in Moldovan courts. After a freezing order in his favour was miraculously lifted, in the context of public statements from EU officials, he was concerned about the rule of law, independence of judiciary and the respective safety of his assets in this potential EU member state – and reached out to our team.

Strategy

The strategy was a bold venture into the multi-layered external relations boundaries that have been blurring due process. We reminded the EU that it had an obligation to uphold the rule of law in a potential EU accession country even if the result geopolitically would favor potentially Russian interests.

Results

The EU was ultimately content with making a neutral statement that did not implicate its integrity. It resulted in substantive justice for the client, and created a more positive relationship with the EU institutions.

Challenge

The patent holder of Teflon™, US Fortune 500 chemical company Chemours, approached Alber & Geiger seeking regulatory and advocacy support over a European Union proposal that would ban all per- and polyfluoroalkyl substances (PFAS). Those PFAS are chemicals that came under regulatory fire as being the so called “forever chemicals”, which persist in the environment. The political turbulences in the EU started in the Netherlands, continued in Italy and Germany then, until they became an EU wide regulatory initiative in Brussels.

Strategy

On the one hand we were confronted with planned PFAS bans in The Hague, Rome and Berlin which we had to politically manage with the national governments. On the other hand we saw a regulatory initiative develop in Brussels under the EU chemicals strategy. We embarked on a defense for the Chemours specific PFAS named GenX and Teflon™, based on the planned PFAS restrictions. Considering the impact of the restrictions to the supply chains of various Member States, Alber & Geiger entered into discussions with the European Chemicals Agency (ECHA), the European Commission, the European Parliament, the EU Permanent Representations and the Member States’ Ministries of Industry and Environment.

Results

We managed to stop the national PFAS bans in The Hague, Berlin and Rome. And we aligned them with the EU initiative. There, we made EU regulators and lawmakers understand that they needed to differentiate between different PFAS, such as PFAS of high or low concern, as a liquid, gas or solid material.

Challenge

Alber & Geiger was approached by a US chemical company from South Carolina regarding the EU Renewable Energy Directive. The client was increasingly concerned about the diversion of tall oil away from the use in the chemicals sector towards energy production in transport. Tall oil being a pine tree residue from the paper mills is used in both these sectors. The Renewable Energy Directive provided special quotas and incentives for the use of tall oil as a feedstock in transportation fuels leading to price increases and creating distortions in the chemical sector, where tall oil was being used as a replacement for crude oil.

Strategy

Alber & Geiger pushed for amendments that requested to change the Renewable Energy Directive in the sense that it would remove tall oil from the positive list that was benefiting from the EU incentives. We worked with the EU Institutions to also apply the so called cascading use principle to tall oil, meaning that any recycled substance should be used as a raw material rather than for fuel purposes. We further engaged with key lawmakers and select Member States to garner support during the legislative process.

Results

We brought together other industry players and leading associations to form a strong coalition of like-minded players to show that the issue was beyond one single company. Through our engagement we made sure that the cascading use principle is now in the language of the Renewable Energy Directive.