There is no "arguable point of law" in their appeal. Therefore the appeal cannot be heard. It's my understanding that they could only go to the ECJ if the appeal had been heard in the Supreme Court (on an arguable point of law), but they had lost.
I don't believe you can go willy-nilly to the ECJ to argue about anything you want!
I'm trying to figure out what the civil suit might state. Presumably loss of income based on being gazumped (ask your parents, kids!!) on the sale? The thing is, it's clear that what CCC did in selling to Wasps in favour of SISU (perhaps for less money that SISU had offered) was possibly underhand and immoral, but not actually contrary to civil law. Or does the Supreme Court judgement simply mean that it didn't amount to use of public money to support a commercial organisation?
Any lawyers out there who understand this stuff??