Challenge

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

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.

Challenge

The European Commission had started investigating violations of the rule of law in Poland, initiating infringement proceedings regarding judicial independence in the country. The Venice Commission, an advisory body to the Council of Europe, had also expressed reservations about all parts of the Polish judiciary, especially over the Polish public prosecution’s independence.

Our client, the former CEO of a Polish investment bank, was caught in the middle of this battle by being at the receiving end of disproportional measures by the prosecution in Poland. The Polish government who started treating bankers in the context of the “GetBack” scandal as “banksters” created a political climate which put our client in custody without bail. Anticipating that the Polish government wanted to represent the case as an effort to protect the public by blaming the investment bankers’ business conduct, he reached out to Alber & Geiger.

Strategy

We approached several DGs in the European Commission and all the responsible committees in the European Parliament demonstrating that this was a practical case confirming the EU concerns stated in the infringement proceedings against Poland.

We gathered thereby EU political support towards the Polish government ensuring that our client receives fair trial and proportionate treatment as to be expected from an EU member state. We did so by informing the EU institutions over the shortcomings of the legal process in Poland and the unjustifiable measures against our client, placing our case on the European Commission’s radar in the ongoing infringement proceeding against Poland and into the European Parliament’s resolution on the rule of law and democracy in Poland.

Results

By introducing the Polish court case into EU politics, Alber & Geiger was able to take Polish politics out of the courtroom. The client was released from custody on bail.

Challenge

Alber & Geiger assisted West Pharmaceutical, a US corporation and world market leader in medical devices, paving the way for PFAS ban exemptions for their products. The intention was to prevent disruptions in the supply of certain medical devices, where the medicinal products are inseparably connected with the devices, like it is the case with the diabetes pen or with vaccines prefilled in containers and syringes.

Strategy

Our team engaged in a multifaceted approach to safeguard the interests of the medicinal and medical devices. We provided strategic input during the consultation period with the European Chemicals Agency (ECHA), highlighting the unique needs and safety considerations of specific medical devices. This was followed by an extensive outreach to stakeholders within the European Parliament, the European Commission, and the EU member states. Our efforts focused on educating decision-makers about the indispensable role of PFAS in medicinal products and medical devices and the potential supply chain risks posed by a PFAS ban.

Results

Our advocacy efforts led to a pivotal development in the regulatory landscape on medical devices. Our targeted approach opened the door to potential derogations of several years for specific medical applications where there is substantial evidence that viable alternatives to PFAS do not exist. This ensures that essential medical devices remain available and effective, safeguarding patient care and industry stability.