Challenge

The Port of Belgrade’s property and investor rights were being violated by arbitrary Serbian legislation. There were limited domestic channels for these rights to be rectified and the Port of Belgrade was about to lose significant holdings. It turned to Alber & Geiger for help.

Strategy

The strategy made use of the new supra-national extraterritoriality, which post-communist states have been using to reconstitute certain rights and obligations. It addressed the EU institutions and Member States while Serbia was in the process of fulfilling its obligation to attain EU candidate status. It put forward comprehensive legal analysis that employed the entirety of the acquis communautaire, helping the legal narrative of the Serbian government and that of the Commission come together in a coherent mutually beneficial form.

Results

Alber & Geiger’s lobbing activity raised the awareness of European Parliament and the Commission towards the rights violations. We persuaded the European Commission to pressure the Serbian government into changing the content of these laws and to bring them in line with the EU acquis communautaire.

Challenge

Vivacom, the former telecom monopolist in Bulgaria, sought Alber & Geiger’s help in tackling the Bulgarian Communications Regulation Commission’s (CRC) arbitrary and disproportionate mobile termination rates. Concurrently we were tasked with addressing the problem of illegal cables in Bulgaria, while the Commission’s position was that this issue ought to be handled solely at national level.

Strategy

The strategy adopted, demonstrated how broad ranging Treaty obligations should be translated into government actions. It had a strong EU public law and policy element, with consumer protection at the forefront. It helped Bulgaria understand and implement its EU law obligations. It enhanced the notions of fairness and proportionality in the civic realm. We used sophisticated fact-finding and law and economics analysis, to outline where subsidiarity pointed to, regarding the illegal cables.

Result

Vivacom has now been put in a position where it is better able to serve the public. Alber & Geiger’s lobbying activity resulted in the European Commission asking CRC not to discriminate when setting the level of termination rates between fixed and mobile networks. CRC significantly lowered Bulgaria’s termination rates to the benefit of consumers. Equally the EU Commission came on board with us to address the issue of illegal cables, exerting pressure on Bulgaria, demanding their immediate removal. A remarkable process of removals is now underway.

Challenge

The EU-Morocco trade negotiations were about collapse. Our client, the Kingdom of Morocco was in an unpalatable position, propagated by EU outrage regarding Western Sahara. Morocco was regarded as an occupier of the region, that was illegitimately using the natural resources of the invaded territory, to the detriment of the Saharawi people.

Several Members States and Members of the European Parliament (MEPs) demanded that, the EU bring an end to the Agriculture Agreement, and the Fisheries Partnership Agreement with Morocco. The resolution on the “Situation in the Western Sahara,” consequently condemned the actions of the Kingdom of Morocco. Protecting the interests of Morocco required us to tackle a heavy burden of proof amid these string convictions within the EU institutions and Member States.

Strategy

Our strategy combined economic, legal and political narratives. Pragmatically, it demonstrated how crucial from an economic standpoint the Agricultural Agreement and Fisheries Partnership were to the EU internal market. It emphasized the tangible value of such agreements to the Saharawi people, while simultaneously showing the intangible nature of the accusations against Morocco. To do so it articulated the legality of Morocco actions through public international law discourse.

It drew on specific Member State and organizational interests in the fishing and agricultural sector while simultaneously recruiting these interests into a targeted media campaign. It assimilated an overarching sentiment that such stabilizing agreements were needed, in the aftermath of the Arab Spring. It drifted EU institutional thought processes along their own rational that trade must follow the rule of law. However, it did so by flipping the script, in showing the potential these agreements had for strengthening regional stability and international adherence to the law.

Results

Alber & Geiger was able to facilitate the signing of a new protocol, guiding the Morocco-EU relationship into a new and more dynamic framework. Creating a stable platform for long term sustainable trade relations that are vital to the security of the region. It was our ability to navigated the EU’s multifaceted foreign policy that allowed us to ensure this result for Morocco.