Challenge

The Maidan Square disaster on the eve of the Ukrainian Revolution and the following fall of Yanukovych’s government, triggered the Russian annexation of Crimea and a souring of the relationship between Russia and the West.

On March 5, 2014 the EU Council froze the assets of 18 former Ukrainian high-ranking officials, suspected of involvement in the Maidan Square disaster and misappropriation of state property. Among them Mykola Azarov, the former Prime Minister of Ukraine, and his son Oleksii Azarov, turned to Alber & Geiger for help.

Strategy

The strategy employed was built on an awareness of the full scope of the rule of law in Europe today, looking at the procedural fairness surrounding the sanctions. It required a subtle deployment of innovative legal arguments and emotional intelligence to navigate through the political turbulence, EU officials and peripheral actors to the institutions, for Alber & Geiger to demonstrate their innocence with strong convictions about their executive culpability.

We put forward that the freezing of funds was of a persecutive nature and not within EU competence. The three pronged approach attacked the premise of the sanctions at the right places and times. Alber & Geiger challenged the (1) legality, (2) legitimacy and (3) non-arbitrariness of the action, grasping all the potential playmakers.

Results

Ultimately the we were able to successfully get the freezing orders imposed on Oleksii Azarov removed, and considerably improve the position of Mykola Azarov. We made clear that the arbitrary targeting of individuals lacked a sufficient legal premise.

Through diligent fact finding we were able to cast doubt on the premise of the government’s alleged responsibility in the first place. We ultimately managed to help reinforce the rule of law, getting platform for the notions of fairness and equitable treatment of individuals into the public forum at a time when fairness was not an institutional priority.

Challenge

Dynamic currency conversion (DCC) is a currency exchange service that enables customers to pay in their home currency or in local currency according to their choice. It is offered at ATMs and credit card transactions in shops. The service providers had raised concerns over the card scheme behavior of credit card companies aimed at limiting competition in currency conversion services across several jurisdictions, including in the European Union.

They contacted Alber & Geiger to provide political support with the European Commission’s Directorate General for Competition on their repeated complaints over card schemes’ excessive rules, fees and compliance regimes. Moreover, the companies relied on Alber & Geiger to help them identify political avenues to raise their concerns in the European Union, via regulatory and legislative paths, in parallel to their competition channel.

Strategy

From the outset, we created a strategy that focused on three works streams: political support into the complaint with DG Comp, advocacy with lawmakers and officials to raise awareness of DCC and highlight concerns against credit card schemes, and finally, to build support with merchant, consumer and other sectorial associations that are affected by currency exchange services. 

Results

Our team was able to raise awareness of the situation on currency exchange services, informing officials and politicians on the differences between the model offered by the credit cards, and that offered by the DCC providers, putting the emphasis on the DCC currency exchange service that brings more transparency and consumer choice. Simultaneously, through regular exchanges with lawmakers we have laid the foundation for support for our amendments on the ongoing EU legislation on the cross border payment regulation and the payment service directive. Finally, we managed to shift alliances in support of the issues highlighted by DCC providers.     

Challenge

Alber & Geiger was retained by Terna, one of the leading construction companies in Greece, who was awarded the contract to construct and operate the Greek part of the 4,400km Central Motorway (E65) connecting Malmö in Sweden to Chania in Greece.

With only one section of the Greek part completed since the award of the tender, Terna relied on our support to get the approval for both the northern and southern sections of the motorway that had been pending for years under the European Commission’s State aid rules.

Strategy

Alber & Geiger targeted key officials in different Directorates of the European Commission to overcome the impasse on the State aid clearance. Alber & Geiger worked in tandem with Members of the European Parliament to gain support for the completion of the two remaining parts of the E65 motorway. We attached language that emphasised the strategic European dimension of that North-South axis through the EU, an EU project that actually had been planned for decades.

We also pointed out the contribution of the E65 motorway to competition and regional development. Moreover, we focused on the E65’s strategic importance for Greece, the South-East Europe region and the European transport road network, as well as its positive impact on jobs, tourism and investment.

Results

Our ability to combine legal, economic, social and political arguments ensured the approval of the entire project under the EU State aid rules. The European Commission cleared the funding for the construction of the southern part of the motorway. Later, the European Commission cleared the path for the construction of the northern section of the E65.