Challenge

The European Commission had started investigating violations of the rule of law in Poland, initiating infringement proceedings regarding judicial independence in the country. The Venice Commission, an advisory body to the Council of Europe, had also expressed reservations about all parts of the Polish judiciary, especially over the Polish public prosecution’s independence.

Our client, the former CEO of a Polish investment bank, was caught in the middle of this battle by being at the receiving end of disproportional measures by the prosecution in Poland. The Polish government who started treating bankers in the context of the “GetBack” scandal as “banksters” created a political climate which put our client in custody without bail. Anticipating that the Polish government wanted to represent the case as an effort to protect the public by blaming the investment bankers’ business conduct, he reached out to Alber & Geiger.

Strategy

We approached several DGs in the European Commission and all the responsible committees in the European Parliament demonstrating that this was a practical case confirming the EU concerns stated in the infringement proceedings against Poland.

We gathered thereby EU political support towards the Polish government ensuring that our client receives fair trial and proportionate treatment as to be expected from an EU member state. We did so by informing the EU institutions over the shortcomings of the legal process in Poland and the unjustifiable measures against our client, placing our case on the European Commission’s radar in the ongoing infringement proceeding against Poland and into the European Parliament’s resolution on the rule of law and democracy in Poland.

Results

By introducing the Polish court case into EU politics, Alber & Geiger was able to take Polish politics out of the courtroom. The client was released from custody on bail.

Challenge

Dynamic currency conversion (DCC) is a currency exchange service that enables customers to pay in their home currency or in local currency according to their choice. It is offered at ATMs and credit card transactions in shops. The service providers had raised concerns over the card scheme behavior of credit card companies aimed at limiting competition in currency conversion services across several jurisdictions, including in the European Union.

They contacted Alber & Geiger to provide political support with the European Commission’s Directorate General for Competition on their repeated complaints over card schemes’ excessive rules, fees and compliance regimes. Moreover, the companies relied on Alber & Geiger to help them identify political avenues to raise their concerns in the European Union, via regulatory and legislative paths, in parallel to their competition channel.

Strategy

From the outset, we created a strategy that focused on three works streams: political support into the complaint with DG Comp, advocacy with lawmakers and officials to raise awareness of DCC and highlight concerns against credit card schemes, and finally, to build support with merchant, consumer and other sectorial associations that are affected by currency exchange services. 

Results

Our team was able to raise awareness of the situation on currency exchange services, informing officials and politicians on the differences between the model offered by the credit cards, and that offered by the DCC providers, putting the emphasis on the DCC currency exchange service that brings more transparency and consumer choice. Simultaneously, through regular exchanges with lawmakers we have laid the foundation for support for our amendments on the ongoing EU legislation on the cross border payment regulation and the payment service directive. Finally, we managed to shift alliances in support of the issues highlighted by DCC providers.     

Challenge

The EU had banned the pesticide Mancozeb as part of its Green Deal strategy. The ban on Mancozeb triggered a Maximum Residue Level (MRLs) review of the EU for imported bananas treated with Mancozeb, which could negatively affect the banana trade into the European Union. It was against this background that the leading banana companies including Dole, Delmonte and Chiquita reached out to Alber & Geiger, to provide regulatory and political support around MRLs in bananas.

Strategy

We were able – in a short period of time – to devise a strategy that put the spotlight on the necessity of Mancozeb and lack of efficient alternatives. We also helped put together evidence on the safety of the continued use of Mancozeb in bananas owing to the characteristics of bananas, and no associated dietary and health risks. Finally, our team brought to the attention of decision-makers trade and development arguments that emphasized further the importance of a balanced decision.

Results

The Rapporteur Member State Greece carried out an assessment of Mancozeb in bananas and proposed a Maximum Residue Level in line with the international standard under CODEX-CXL. In addition, we were able to garner support for our arguments and the preservation of the international standard for the use of Mancozeb in bananas with relevant lawmakers in the European Parliament, and key decision makers in the member states and European Commission departments.