Challenge

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

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

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.

Challenge

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

The 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.

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.