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.

Challenge

The Gauselmann Group, one of the largest producers and operators of games of chance in Europe, called on Alber & Geiger when faced with a number of threatening gambling regulations in Germany, Austria, Hungary, Netherlands, Romania, Serbia, Slovakia and the Czech Republic. Alber & Geiger had to convince the European Commission to make a counterintuitive political risk in confronting a powerful Member State, Germany and concurrently convince the European Commission that our interpretation would stand up to CJEU scrutiny.

Strategy

Given the limited scope of directly ascertainable EU competence, the strategy employed an abstracted analytical formula to show that the various regulations were legally incoherent. It demonstrated that the laws of the Member States contradicted their own main goals on a substantive level. It utilized the jurisprudential architecture of the CJEU in lieu of their crystallization.

The multifaceted strategy also incorporated an economic dimension. Concurrently, the same technique allowed us to demonstrate that the money laundering directive could not arbitrarily encompass all the gambling operators without distinction of risk volume and activity.

Results

Ultimately, we managed to convince the European Commission to act. Its omission to launch infringement proceedings had been rebuked. Alber & Geiger was able to safeguard fundamental liberties and freedoms by bringing EU instruments into a new field and challenging archaic but powerful structures. We were also able to hold the scope of the money laundering directive back, establishing a distinction between casinos and other gambling operators.

Challenge

Alber & Geiger was hired by Nuseed to promote Carinata, a cover crop designed for biofuel production, in the EU Renewable Energy Directive in Brussels. Our team was required to ensure the approval of Carinata’s GHG savings. On top, we were mandated to pave the way for Carinata’s classification as an advanced biofuel towards the EU institutions.

Strategy

We targeted lawmakers in the European Parliament and officials in the European Commission. We presented arguments highlighting Carinata’s benefits, especially in producing high-quality and low greenhouse gas fuels. Carinata’s sustainability was emphasised during our outreach, while concerns over threatening food production and land-use were mitigated.

Results

Our engagement helped remove the yearlong impasse and paved the way for the acknowledgment and approval of Carinata’s GHG savings. Alber & Geiger’s engagement with EU officials and lawmakers increased understanding of the properties and benefits of Carinata. Also, it helped create advocates for a review of the existing list of advanced biofuels, and laid the groundwork for the inclusion of all crops that fulfil the criteria, to create a level playing field.