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

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

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.