Challenge

Alber & Geiger assisted a US Fortune 500 chemical company to tackle the issue of illegal trade of refrigerants. For years, illegal trade of old generation refrigerants in Europe, prevented and delayed the introduction of high-end, climate friendly solutions. In parallel, the ongoing revision of the EU F-Gas Regulation was not delivering the expected results on phasing down the use of HFCs, as stricter penalties and measures to control illegal trade could only be enforced on a Member State level.

Strategy

Our team therefore embarked on a legislative initiative in Germany, which would offer a national solution that would inspired other Member States to use the German law as a blueprint. Alber & Geiger enforced a strategy which appealed to all levels of the German political institutions and administration. We supported the proposal on the level of the federal government, while in parallel gathering support at various political levels. Moving forward successfully, we managed to get our arguments through to stakeholders also in the European Union.

Results

On a first stage, Alber & Geiger supported a draft legislation which was in favor of our client’s expectations. On a second stage, our team also saw through the clearance of the German legislation from the EU Commission and inspire other Member States follow the German path. Finally, we locked the support from the German upper house and rapporteurs of the lower house, succeeding in the eventual speedy adoption of the legislation, which will be hopefully used as a blueprint solution in the EU.

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

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.