RFU and Premier Rugby in Euro stand-off

Apr 4 2007 Andy Howell, Western Mail

TIME was running out on the Heineken Cup last night as the competition inched towards meltdown.

And rugby could be heading to the law courts for the second time in less than a year with the Rugby Football Union and Premier Rugby refusing to concede any ground in their dispute over the Heineken Cup.

England's 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 final 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 replied, "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 afternoon 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 £5m 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 declared that playing matches that had not been sanctioned by the RFU or the International Rugby Board would result in legal action.

He said, "If PRL and the French clubs do decide to withdraw from the Heineken Cup next year, then we will consider our position.

"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.

"These games would be against RFU and IRB regulations, unless permission was given by them for the matches to be played."

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

Davies predicted, "I think English clubs will be playing European rugby next season. Generally common sense will win out.

"We are talking to the French League to explore what avenues we can, so it's my view, there will be a competition of some description next year.

"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."

England's director of elite rugby Rob Andrew accused PRL of allowing themselves to be drawn into an argument that originated from the French clubs' desire to relieve fixture congestion during World Cup year.

Andrew claimed, "This dispute is really about the fact the French clubs decided there were too many matches in World Cup year and they felt the Heineken Cup was something they couldn't accommodate.

"The English clubs have become embroiled in that and the share issue has been brought into the debate as well. It has become very untidy.

"The French have some difficulties with their fixture structure that they must resolve.

"They have to make a decision in their interests which might be very disappointing from a Heineken Cup perspective."

With both camps so firmly entrenched, a settlement through negotiation appears impossible, perhaps leaving the courts as the final arbiter once again.

Last July a High Court judge decided that the clubs must release their players for England's autumn international against New Zealand.

This latest conflict - yet another that has blighted a sport still coming to terms with professionalism more than 11 years after its introduction - has left fans shaking their heads in disbelief, not least as the Heineken Cup has been such a major success story.

Figures within the professional sport are equally frustrated, with Harlequins director of rugby Dean Richards revealing he is "dumbstruck" at the RFU's position.

And former England prop Jeff Probyn described it as a "power struggle that benefits no-one, except the lawyers."