Archives: Wins

Challenge

A US Fortune 500 chemical company approached Alber & Geiger seeking regulatory and advocacy support over a European Union proposal that would have classified Titanium Dioxide as a cat.2 suspected carcinogen by inhalation. Such a decision would have affected our client’s revenue and increased risk of similar regulatory measures in the other jurisdictions across the globe.

Strategy

With the experts opinion from the ECHA’s Risk Assessment Committee delivered to the European Commission, our team quickly embarked on a campaign aimed at highlighting the broader ramifications of classification on other EU policies and beyond Titanium Dioxide. We pursued a strategy that put the spotlight on loss of consumer choice, impact on jobs and EU competitiveness as well as cost to downstream users. Alber & Geiger also broadened the issue to include political considerations and other players. On top of the European Commission, in particular DG Envi and

DG Grow and the Member States’ Competent Authorities, we reached out to the Permanent Representations of the Member States as well as select Members of the European Parliament.

Results

Our advocacy helped thwart the original carcinogen classification that would have harmed our client. Through active engagement at the regulatory and political level, we helped find a suitable compromise for our client, which was then mirrored in the European Commission amended proposal. Instead of outright carcinogen labelling on Titanium Dioxide, the European Commission changed its position by agreeing for classification to apply to Titanium Dioxide in powder form, only on the level of manufacture and without carcinogenicity labelling in the end products.

Challenge

The European Commission had started investigating violations of the rule of law in Poland, initiating infringement proceedings regarding judicial independence in the country. The Venice Commission, an advisory body to the Council of Europe, had also expressed reservations about all parts of the Polish judiciary, especially over the Polish public prosecution’s independence. Our client, the former CEO of a Polish investment bank, was caught in the middle of this battle by being at the receiving end of disproportional measures by the prosecution in Poland. The Polish government who started treating bankers in the context of the “GetBack” scandal as “banksters” created a political climate which put our client in custody without bail. Anticipating that the Polish government wanted to represent the case as an effort to protect the public by blaming the investment bankers’ business conduct, he reached out to Alber & Geiger.

Strategy

We approached several DGs in the European Commission and all the responsible committees in the European Parliament demonstrating that this was a practical case confirming the EU concerns stated in the infringement proceedings against Poland. We gathered thereby EU political support towards the Polish government ensuring that our client receives fair trial and proportionate treatment as to be expected from an EU member state. We did so by informing the EU institutions over the shortcomings of the legal process in Poland and the unjustifiable measures against our client, placing our case on the European Commission’s radar in the ongoing infringement proceeding against Poland and into the European Parliament’s resolution on the rule of law and democracy in Poland.

Results

By introducing the Polish court case into EU politics, Alber & Geiger was able to take Polish politics out of the courtroom. The client was released from custody on bail.

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.

Challenge

Alber & Geiger was retained by a US corporation specialising in power generation. Our client had purchased an important coal power plant in Bulgaria through a long-term power purchasing agreement. After Bulgaria’s accession to the EU, the client faced complaints over EU State aid. They turned to Alber & Geiger to assist in finding a solution with the Bulgarian authorities that would have the backing of the EU institutions.

Strategy

By demonstrating the bigger picture of Bulgaria reaching out to Russian nuclear energy investments on the back of chasing out Western investors, we were able to create a strategy that targeted the European Commission and the European Parliament, dealing with energy security, environmental standards and compliance as well as the rule of law and investment protection, and shift away from a EU State aid consideration only.

Results

As a result, the European Commission opened the door to finding a solution for the client that would solve the past through a future oriented energy agreement.

Challenge

Alber & Geiger was hired by Nuseed to promote Carinata, a cover crop designed for biofuel production, in the EU Renewable Energy Directive in Brussels. Our team was required to ensure the approval of Carinata’s GHG savings. On top, we were mandated to pave the way for Carinata’s classification as an advanced biofuel towards the EU institutions.

Strategy

We targeted lawmakers in the European Parliament and officials in the European Commission. We presented arguments highlighting Carinata’s benefits, especially in producing high-quality and low greenhouse gas fuels. Carinata’s sustainability was emphasised during our outreach, while concerns over threatening food production and land-use were mitigated.

Results

 

Our engagement helped remove the yearlong impasse and paved the way for the acknowledgment and approval of Carinata’s GHG savings. Alber & Geiger’s engagement with EU officials and lawmakers increased understanding of the properties and benefits of Carinata. Also, it helped create advocates for a review of the existing list of advanced biofuels, and laid the groundwork for the inclusion of all crops that fulfil the criteria, to create a level playing field.

Challenge

Within a climate of instigated political fear in the USA for China’s corporations, Huawei was starting to have a credibility problem in the EU, despite adherence to EU standards and a strong commitment to Europe. Huawei’s reputation and thus business development being at risk over its products’ cyber security concerns, Alber & Geiger was called to mitigate these concerns and build support in Europe.

A major focus was the 5G rollout under the EU toolbox in several European member states. The respective European cybersecurity strategy conflicted with the bilateral corporation agreement several EU member states had signed with the United States on cybersecurity, especially targeting Chinese suppliers like Huawei.

Strategy

Alber & Geiger targeted key Members of the European Parliament in all relevant committees and across the political spectrum, to emphasize Huawei’s commitment to Europe, adherence to EU standards and contribution to the European economy through leading products and services, jobs creation and investments in research and development. In that context we established an alternate strategy with the European Commission and related EU agencies to show that Huawei is fully integrated in the EU market and successful for business reasons only.

Results

Our engagement demonstrated to EU law makers that there was no Chinese government involvement in Huawei’s business strategies, let alone any cyber security issue with Huawei’s devices. By doing so, we advanced Huawei’s business interests in Europe.

Challenge

The European Central Bank’s (ECB) single supervisory mechanism decided to carry out its first audit of Greece’s four systemic banks since it was set up. Greece’s leading bank turned to Alber & Geiger for help amid shareholder complaints over irregularities during the last round of capital raising. Assistance was required to ensure a standard and short regulatory scrutiny that would have not weakened further the image and investor confidence in the bank and its management.

Strategy

Alber & Geiger approached directly the European banking regulators and pressed the European Commission and its respective Directorates to announce their clearance of alleged irregularities. We emphasized the importance of investigations being short to not harm the image of the bank and its management. We then sought to restructure the confidence on the Greek and European financial sector vis-à-vis the EU and German lawmakers and administrators. Our message put on the spotlight the bureaucratic approach and lengthy investigation on the bank itself, highlighting the lurking threat of economic and social instability of requiring more EU taxpayers’ money to the rescue.

Results

Six months into the mandate, the media campaign against our client and repeated calls against its management came to a halt. We helped facilitate the exchange of views between our client and the European banking regulators at the highest political level. By doing so, we helped prevent another wave of economic instability in Greece’s largest systemic bank.

Challenge

Alber & Geiger was able to bring out the extraterritorial reach of EU human rights. This was against the backdrop of its clients having lost all available domestic remedies. The Former Minister of Economic Development of Azerbaijan and his brother were arrested on the eve of the Azerbaijani election. Initially accused of attempting a putsch, they were ultimately found liable for embezzlement. The European Court of Human Rights had held that the several of their rights had been infringed, especially the right to a fair trial. Nevertheless the Aliyevs remained imprisoned under their disproportionate and potentially wrongful sentences.

Strategy

Alber & Geiger’s strategy utilized the EU-Azerbaijan trade talks to leverage the EU institutional playmakers at opportune moments. Our litigious narrative extracted the EU’s human rights obligations underlying the European Neighborhood Policy (ENP), and demonstrated the innocence of the Aliyev’s. Simultaneously we drew on the Aliyev’s pro-western views, showing through adversarial fact finding that this underlay their imprisonment. Substantively, we put forward that it was incumbent on the Azerbaijani authorities under these circumstances to show their commitment to the rule of law. In order to benefit from the ENP they had to play by its rules.

Results

Ultimately we secured a complete pardon for both of the Aliyevs. However, the broader reach of this mandate was the raising of awareness regarding human rights issues in Azerbaijan. This put the EU-Azerbaijani relationship on a trajectory of greater trust. The sensitive political dynamics were tackled head on and resolved with expedience.

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.

Challenge

We were hired by the Council for a Democratic Iran (CDI) to raise political awareness and build support for the CDI before the EU. The hurdle here was to promote the very specific foreign policy position of the CDI, with the Member States governments, with conflicting positions on Iran. The subtle CDI policy locus fell in between confrontation and accommodation. This had to be done in a universal, politically neutral manner.

Strategy

The strategy relied on a data collection and dissemination process based on our distinct EU lobbying infrastructure. We gathered a detailed pool of information from a holistic range of institutional, local, NGO and inter-governmental sources. Subsequently our team translated the data to be compatible with the policy structures of the EU institutions. We tailored the message to different audience catchments of Member States. Overall the strategy outlined an accurate overview of the scale of repression and human rights violations in Iran. Concurrently it promoted positive transnational tools to tangibly shape policy accordingly.

Results

CDI’s message was successfully transplanted into the divergent attitudes of the EU Member States and EU institutions. We helped CDI contribute to greater coherence in the perception of Iranian politics and policies. Ultimately we prevented the subtleties of diplomacy from concealing the human rights violations in Iran. This created a context for more constructive and bold communications from media outlets and government officials with respect to the repressive actions.