Challenge

The Gauselmann Group, one of the largest producers and operators of games of chance in Europe, called on Alber & Geiger when faced with a number of threatening gambling regulations in Germany, Austria, Hungary, Netherlands, Romania, Serbia, Slovakia and the Czech Republic. Alber & Geiger had to convince the European Commission to make a counterintuitive political risk in confronting a powerful Member State, Germany and concurrently convince the European Commission that our interpretation would stand up to CJEU scrutiny.

Strategy

Given the limited scope of directly ascertainable EU competence, the strategy employed an abstracted analytical formula to show that the various regulations were legally incoherent. It demonstrated that the laws of the Member States contradicted their own main goals on a substantive level. It utilized the jurisprudential architecture of the CJEU in lieu of their crystallization.

The multifaceted strategy also incorporated an economic dimension. Concurrently, the same technique allowed us to demonstrate that the money laundering directive could not arbitrarily encompass all the gambling operators without distinction of risk volume and activity.

Results

Ultimately, we managed to convince the European Commission to act. Its omission to launch infringement proceedings had been rebuked. Alber & Geiger was able to safeguard fundamental liberties and freedoms by bringing EU instruments into a new field and challenging archaic but powerful structures. We were also able to hold the scope of the money laundering directive back, establishing a distinction between casinos and other gambling operators.

Challenge

Alber & Geiger was retained by a US corporation specialising in power generation. Our client had purchased an important coal power plant in Bulgaria through a long-term power purchasing agreement. After Bulgaria’s accession to the EU, the client faced complaints over EU State aid. They turned to Alber & Geiger to assist in finding a solution with the Bulgarian authorities that would have the backing of the EU institutions.

Strategy

By demonstrating the bigger picture of Bulgaria reaching out to Russian nuclear energy investments on the back of chasing out Western investors, we were able to create a strategy that targeted the European Commission and the European Parliament, dealing with energy security, environmental standards and compliance as well as the rule of law and investment protection, and shift away from a EU State aid consideration only.

Results

As a result, the European Commission opened the door to finding a solution for the client that would solve the past through a future oriented energy agreement.

Challenge

The EU-Morocco trade negotiations were about collapse. Our client, the Kingdom of Morocco was in an unpalatable position, propagated by EU outrage regarding Western Sahara. Morocco was regarded as an occupier of the region, that was illegitimately using the natural resources of the invaded territory, to the detriment of the Saharawi people.

Several Members States and Members of the European Parliament (MEPs) demanded that, the EU bring an end to the Agriculture Agreement, and the Fisheries Partnership Agreement with Morocco. The resolution on the “Situation in the Western Sahara,” consequently condemned the actions of the Kingdom of Morocco. Protecting the interests of Morocco required us to tackle a heavy burden of proof amid these string convictions within the EU institutions and Member States.

Strategy

Our strategy combined economic, legal and political narratives. Pragmatically, it demonstrated how crucial from an economic standpoint the Agricultural Agreement and Fisheries Partnership were to the EU internal market. It emphasized the tangible value of such agreements to the Saharawi people, while simultaneously showing the intangible nature of the accusations against Morocco. To do so it articulated the legality of Morocco actions through public international law discourse.

It drew on specific Member State and organizational interests in the fishing and agricultural sector while simultaneously recruiting these interests into a targeted media campaign. It assimilated an overarching sentiment that such stabilizing agreements were needed, in the aftermath of the Arab Spring. It drifted EU institutional thought processes along their own rational that trade must follow the rule of law. However, it did so by flipping the script, in showing the potential these agreements had for strengthening regional stability and international adherence to the law.

Results

Alber & Geiger was able to facilitate the signing of a new protocol, guiding the Morocco-EU relationship into a new and more dynamic framework. Creating a stable platform for long term sustainable trade relations that are vital to the security of the region. It was our ability to navigated the EU’s multifaceted foreign policy that allowed us to ensure this result for Morocco.