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

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

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.