Challenge

The Bill Gates backed alternative fuel startup Infinium from California hired Alber & Geiger to shape the EU Renewable Energy Directive and respective EU legislation on road transport, maritime and aviation. The primary aim of our advocacy was to ensure that the entire regulatory and legal framework in the EU provides the necessary financial, market and regulatory support to enable concrete investments in hydrogen based e-fuels factories and the eventual roll out of e-fuels in the coming years in the EU.

Strategy

The lobbying focus was on the greenhouse gas savings provided by hydrogen e-fuels when used as a drop in alternative to standard fuels, and the latter’s contribution to meet the Green Deal goals. Similarly, our team engaged with lawmakers and EU officials to corral backing for specific e-fuels targets in maritime transport and high quotas for e-fuels in aviation. We put the spotlight on the important contribution of e-fuels in sectors that are hard to decarbonize, shaping the criteria to determine renewable hydrogen in the EU.

Results

We were able to garner support for higher e-fuels quotas and shepherd the uptake of e-fuels in key modes of transportation. Alber & Geiger’s effort led to a plenary vote in the European Parliament that supported higher targets for e-fuels. In a politically arena with various alternative fuels competing for incentives, our team was able to obtain clear and strong support for e-fuels, turning Europe into one of the most attractive and important markets for that.

Challenge

Stanleybet launched the Fair Play For Sports Betting campaign, calling for fair access to all European markets for all EU-based sports betting operators. However, it was hampered by monopolistic Romanian gambling laws, which prevented it from bringing the full benefits of its cross border business model to the country. The challenge was to get the post-Communist Romanian sports law infrastructure in line with EU law.

Strategy

The strategy was based on the landmark Gambelli judgement. In that court case, our Chairman had been Attorney General. His Opinion had established an important framework for determining the validity on limitations to cross border gambling. Concurrently, our strategy contextualized our inter-institutional communication according the Romanian sports law infrastructure. It utilized the fact that Stanleybet had based its cross border business model on the Gambelli and Placanica rulings.

Results

We were able to demonstrate to the European Commission that Stanleybet was a model of the type of economic activity, which it had a duty to protect. Thanks to our efforts, the EU Commission forced the Romanian state to comply with these very recent extensions to EU competence. Stanleybet now has a lucrative and successful operation in Romania, which benefits consumers.

Challenge

Our client, a Lottery Association, was faced with a network of monopolistic EU Member State laws and regulations that impeded the ability of its members – all private lottery operators – to exercise EU market freedoms. Alber & Geiger was enlisted to steer the developing legal framework in the field of gambling law and tear down restrictions of private lotteries in Europe. The challenge was to politically link the freedom of establishment with cross border lotteries based on the CJEU’s decisions on gambling freedom.

Strategy

The strategy was built upon the respected Opinion of our Chairman on the Gambelli case when he was a Advocate General at the CJEU. The Opinion was used as a roadmap for judicial and legislative change during this seminal mandate. It articulated the narrow circumstances where a restriction on freedom of establishment would be justifiable by general interest concerns.

The strategy was structured on all levels according to the integral components of the Opinion. It utilized the intellectual resources of our firm to co-ordinate the legislative dialogue in a direction that facilitated the creation of a EU wide free gambling market. We provided components of the machinery as well as oiling the cogs of law reform.

Results

We provided long term, fixed judicial capital for our client and legislative change. Due to the ongoing successful execution of our strategy, recent judgments of the CJEU with respect to German and Austrian gambling restrictions have been echoing the Opinion.

The CJEU now professes that in order to justify monopolistic state gambling regulations legislation must “ensure a particularly high level of protection” and a “coherent” gambling market. There must now be specific and narrow circumstances to legitimize curtailments to the freedom of establishment in the gambling market. This CJEU strategy must now be followed by the European Commission when checking EU Member States’ gambling restrictions.