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.

Challenge

Global Hospitality Investments (GHI) was a large US real estate private equity investor. It acquired two properties with a loan from the former Hypo Real Estate Group (HRE). Following, the HRE’s portfolio was transferred to FMS Wertmanagement (FMS), the Federal government’s winding up institution for the HRE.

GHI offered to buy back the loan from FMS to save the property investments and proceed with the development plans. FMS was not willing to deal with GHI, which made any solution almost impossible. GHI sought Alber & Geiger’s help with the ensuing impasse to find a deal.

Strategy

We crafted a clear and concise message for the German government and the Bundestag that highlighted the bureaucratic approach of FMS regarding the offer put forward by GHI. The behaviour of FMS did not respect good governance principles and ignored the purpose upon which it was created, namely to “unwind the portfolio whenever it is financially advantageous and thus to achieve the best possible outcome in the interest of the German taxpayer.” The strategy demonstrated to the German Finance Ministry and the Bundestag that the circumstances demanded an equitable treatment of GHI. It drew on an understanding of the financial the political mindset in Germany that was used to strengthen the GHI proposal.

Results

Alber & Geiger helped GHI prepare the offer and guided the it through the entire process while ensuring the political backing of the German Finance Ministry and the Bundestag for a deal with FMS Wertmanagement. The transaction was finally successfully completed.

Challenge

Alber & Geiger was asked to advise and support the Government of India amid concerns coming from Members of the European Parliament in relation to trade, human rights and privacy. Such activity in the European Parliament, coming in the form of parliamentary questions and motions for resolutions risked turning into conditionality clauses in the EU-India bilateral relations.

Strategy

Our team embarked on a comprehensive campaign with EU lawmakers addressed their concerns. We turned the focus on India’s growing economic, technological and geopolitical role and emphasized the untapped potential for bilateral relations. By providing factual evidence and a clearer understanding over the expressed concerns, we were able to switch the focus towards the bilateral opportunities and fostering trade relations via a free trade agreement.

Results

With our diplomatic and advocacy experience we assisted the Government of India navigate the political landscape in the European Parliament. Thanks to our strategy and government affairs support, EU lawmakers now support the EU-India free trade deal.