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.

Challenge

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

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.

Challenge

Alber & Geiger was approached by a US chemical company from South Carolina regarding the EU Renewable Energy Directive. The client was increasingly concerned about the diversion of tall oil away from the use in the chemicals sector towards energy production in transport. Tall oil being a pine tree residue from the paper mills is used in both these sectors. The Renewable Energy Directive provided special quotas and incentives for the use of tall oil as a feedstock in transportation fuels leading to price increases and creating distortions in the chemical sector, where tall oil was being used as a replacement for crude oil.

Strategy

Alber & Geiger pushed for amendments that requested to change the Renewable Energy Directive in the sense that it would remove tall oil from the positive list that was benefiting from the EU incentives. We worked with the EU Institutions to also apply the so called cascading use principle to tall oil, meaning that any recycled substance should be used as a raw material rather than for fuel purposes. We further engaged with key lawmakers and select Member States to garner support during the legislative process.

Results

We brought together other industry players and leading associations to form a strong coalition of like-minded players to show that the issue was beyond one single company. Through our engagement we made sure that the cascading use principle is now in the language of the Renewable Energy Directive.