Heineken Cup dispute likely to end up in law courts again

RUGBY is heading to the law courts for the second time in less than a year with the England RFU and Premier Rugby refusing to concede any ground in their dispute over the Heineken Cup.

The 12 Guinness Premiership clubs have voted to withdraw from the competition if their French counterparts carry out a threat to boycott the tournament, with their decision expected tomorrow.

Concern at the RFU’s refusal to hand over share and voting rights – plus anxiety over fixture congestion next season, which starts with the Rugby World Cup, are behind the French stance.

The day began with RFU management board chairman Martyn Thomas insisting the clubs are contracted to participate in the Heineken Cup and he confirmed Twickenham would pursue legal action against them if they refuse.

Asked whether the RFU would have to sue PRL, Thomas said: “Regrettably that would be the case. Unfortunately again it is a situation of rugby having to resort to the courts.”

However, a statement released yesterday suggested a softening of the RFU’s position with Thomas insisting legal action would be “carefully considered” following any boycott.

It is understood a withdrawal would cost PRL £5million (€7.4m) in lost revenue and the English clubs’ umbrella organisation has already indicated it will seek to recoup the money by staging games against French clubs.

But Thomas said playing matches that had not been sanctioned by the RFU or the International Rugby Board would result in legal action.

He said: “The English clubs are legally bound under the ‘Long Form Agreement’ to play in the next two years of the Heineken Cup.

“While any legal advice regarding PRL’s non-participation would be carefully considered, the RFU would take legal action if PRL attempted to organise alternative fixtures at home or abroad without RFU consent.”

With Wasps chief executive David Davies declaring talks are already in place with French clubs over alternative fixtures, the dispute appears destined for the courts.

“I think English clubs will be playing European rugby next season. Generally common sense will win out,” he said. “We are talking to the French league to explore what avenues we can. I think there will be a competition where the French engage the English and hopefully it will engage all the other nations at the same time.”