EU Gambling Bans

Challenge

Gauselmann Group
Gauselmann Group
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

ag-wins-map-gambling-industryGiven 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

Sophisticated EU Lobbyists
Meik Sellenriek- CFO & Managing Director at Merkur Casinos, Gauselmann Group
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.

Visas For Political Refugees

Challenge

Republic of Azerbaijan
Republic of Azerbaijan
Alber & Geiger was tasked with supporting entry into the EU for clients whose families suffered intimidation and coercion in their respective home countries.
This would require us to obtain student visas for the UK. Their applications to leading UK universities had failed before. In a short space of time we had to support their applications. We had to deal with the specific entities and their own distinct decision making processes. This had to be done with political sensitivity, and we had to rely on the integrity of the system to ensure that political influences did not have a bearing on their entry into the UK.

Strategy

ag-wins-map-educationThe strategy required an expedient understanding of the nooks and crannies inside the UK education system. It used careful neutral language to ensure that their applications were not misconstrued. It relied on the basis of our firm’s intrinsic aptitudes. We worked to break down and analyse the discretionary selection criteria of each university. The documents thoroughly assimilated the ‘criteria language’ of the universities into their narrative. In this case we had to effectively co-ordinate through the network of statutory instruments and satisfy the executive concerns they were designed to address.

Results

The result was the safe arrival of the families into the UK and their admission into top tier universities. The transferable nature of our skills is constantly being tested by the ever changing institutional framework of Europe.

Sports Betting In Romania

Challenge

Stanleybet
Stanleybet
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

ag-wins-map-sportsbetting 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

Sharp analysis, fast delivery
Konstantinos Maragkakis- Head of Communications, Stanleybet
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.

China Antidumping And Antisubsidy

Challenge

Solutia
Solutia
The European Commission initiated anti-dumping proceedings concerning imports of polyvinyl alcohol (PVA) originating from China. The investigation on the dumped PVA was worth more than $33 million. Solutia, a U.S. Fortune 500 firm and a Monsanto spin off, was one of the parties concerned by this investigation. Solutia relied heavily on PVA to produce polyvinyl butyral (PVB), a material used in glass, construction and auto industries. With only 5-months’ notice, Solutia sought Alber & Geiger’s help to avoid import duties on PVA.

Strategy

Meaningful results in an expeditious manner.
Nanette Lockwood- Director Government Affairs, Solutia Inc
Alber & Geiger produced a narrative that included an understanding of the Chinese economy and the PVA market in China. Our message was strongly embedded in the European Commission’s approach to trade and competition law, while taking into account the global political consensus on Chinese PVA dumping. More concretely, we put forward arguments that the dumping was a natural consequence of China’s macro-economic situation and production pressures. Our team demonstrated that other market factors had contributed to the EU economic injury. We argued that the European Commission had not shown a causal link between the detriments suffered by the EU market and dumped imports from China. Moreover, our message cast doubt on the way the European Commission had defined the market of PVA in light of the broader range PVA uses.

Results

ag-wins-map-chinaAlber & Geiger’s lobbying activity led to the European Commission revising its preliminary duties decision on PVA imports. As we had argued, the European Commission concluded that there was no evidence that would link dumping and injury. The tariffs were lifted. Solutia’s profitability and position on the global market remained intact.

Telecoms Regulation In Bulgaria

Challenge

Vivacom
Vivacom
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

ag-wins-map-sofia-brussels 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.

Results

Strategic and beneficial solutions
Bernard Moscheni- Chief Executive Officer, Vivacom
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.

Political Sanctions Against Ukraine

Challenge

Ukraine
Ukraine
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

ag-wins-map-ukraine 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.

Agriculture In Ukraine

Challenge

Milkiland NV
Milkiland NV
The Ukrainian company Milkiland had been ignored and effectively passed down with respect to a crucial development loan from the European Bank for Reconstruction and Development (EBRD). Milkiland sought out help. The challenge was to overcome the network of interests that were blocking the EBRD from assessing the request of Milkiland on the face of it.

Strategy

ag-wins-map-milk The strategy was for us to simulate a check and balance mechanism in a more private context, within the nature of EBRD, being positioned in between the public and private domain. We co-ordinated the relevant playmakers and acquired a detailed awareness of EBRD’s internal politics. We delicately navigated the assortment of economic and political objectives and obligations. We put forward that the behaviour of the EBRD was contrary to the purpose of the organization. By prejudicing the position of a Ukrainian company, it was acting against the stated objective of helping Ukraine become a stand-alone market economy.

Results

High end political access
Oleg Rozhko- Chief Executive Officer, Milkiland NV
The result was a tremendous 30 million dollar loan for Milkiland. This achievement was the consequence of a careful triangulation of sensitive political and private interests. Legal and institutional certainty, and ethical business behaviour, are now a cause for enhanced development prospects in Ukraine.

The Plastic Bag Ban

Challenge

Papier Mettler
Papier Mettler
Alber & Geiger was tasked with the challenge of navigating the sensitive contours of Europe’s environmental consciousness to safeguard its client’s industry. A EU-wide ban on plastic bags was in the pipeline. Papier-Mettler was the largest producer of plastic bags in the EU. Such a measure would have had dramatic implications on our client’s business. Papier-Mettler turned to Alber & Geiger for help.

Strategy

ag-wins-map-preventing-bans We adopted an expansive macro-strategy. Its multi-faced argumentation had scientific, legal, political, social and economic elements. It utilized the framework of environmental consciousness. In doing so, it demonstrated that certain plastic bags provided the better choice for the environment, economy and the wider community. In particular, we showed that the majority of plastic bags produced in Europe were not “single-use” and caused fewer greenhouse gasses compared to paper and cotton bags.

Results

Fast, convincing and results driven
Michael Mettler- Owner, Papier-Mettler
The source of Alber & Geiger’s ultimate success in this mandate was the expedience with which the firm transmitted its methodology through an environmental paradigm. As a consequence of our persistent lobbying efforts we halted the EU wide ban. In addition, we thwarted the approval of several discriminatory national legislations in the Member States.

Moldova‘s Black Sea Port

Challenge

Moldova
Moldova
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

ag-wins-map-moldova 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.

Land Swapping In Eastern Europe

Challenge

MET Real Estate
MET Real Estate
Bulgarian MET Real Estate sought our help vis-à-vis EU state aid and environmental politics. MET planned a development located in an area protected by the EU Nature Directives, having obtained the construction permits through the land swapping laws, common in Bulgaria as in other former Communist countries. Alber & Geiger had to convince the European Commission that there was no illegal state aid in the aftermath of Bulgaria’s EU accession.

Strategy

ag-wins-map-sofia-brussels Our methodology assimilated policy and law into a subtle and meticulously engineered lobbying strategy. It practically depictured to Commission’s experts that a resolution could be found which did not violate state aid law or inhibit Bulgaria’s legitimate development goals. It used the length and breadth of EU policy fields to put the situation on a macro-European policy context. It relied on the socio-economic dynamics of transition in the Bulgarian property market, and subsumed this framework into consciousness of the European Commission’s policy.

Results

Ultimately we were able to get the Commission, the Bulgarian Government and MET Real Estate, to agree on a settlement that would benefit the internal market and the development needs of the Bulgarian tourism industry. We protected our client from a potentially non-empathetic knee-jerk reaction by the European Commission, which would have had wider implications on the economic health of the region.