Latest Coventry City developments.
An attempt to clarify some of the information on the latest in the Ricoh Arena saga after Wasps said last week they had pulled the plug on talks over CCFC staying at the stadium.
Strap yourselves in…
Why did talks stop?
CCFC’s owners filed a complaint to the EU Commission in February about the sale of the Ricoh Arena to the rugby club.
Wasps say this breached the pre-condition for talks – that legal action over the Ricoh Arena should stop before talks.
Why have talks only stopped now if the EU complaint was made in February?
Wasps say they were not aware of the complaint when they entered into negotiations “in good faith”. They started after the conclusion of the UK Court case.
Is this legal action?
CCFC / Sisu don’t think seem to think so. Wasps disagree.
The EU Commission defines this as a “legal process”.
If either side isn’t happy with the outcome of this complaint it could be appealed to the General European Court.
So it could end up in court?
Yes – and more than one.
Judgments of the EU General Court can be appealed before the European Court of Justice (ECJ) by the unsuccessful party.
Is this the same legal action?
No. It’s a new process. The UK Court process died in the Supreme Court.
But Wasps believe “the basis of the complaint to the EU is very similar in all matters of substance to the recent court actions” and “seeks remedial action.”
Isn’t this complaint is against the council, not Wasps?
Yes. But Wasps were not the respondent in the UK court case either.
Both actions appear to focus on the same “state aid” argument - that Wasps underpaid for the stadium by £27m and that amounts to state aid.
So why won’t Wasps talk?
The failed court process, and apparently this one, seeks to force Wasps to pay millions more for the Ricoh Arena.
That would put them under severe financial pressure. So it impacts Wasps – whether they’re the direct subject of the action or not.
If the council hasn’t done anything wrong will it cost Wasps money?
Wasps wouldn’t have to pay more for the Ricoh.
But there are costs to defend this.
Wasps says it spent £0.5m defending the UK case – but costs were eventually awarded to them by the Supreme Court.
Can the complaint be withdrawn?
Not in reality. If the Commission establishes that there is a breach of the competition rules, then it must act and it is irrelevant if the complaint is withdrawn or not.
So if it can’t be stopped, how long will this take?
The complaint hasn’t moved to a full investigation yet – it’s being assessed.
If it does, the investigation is likely to take months.
And if the result of that is appealed through the courts it could take years.
So will CCFC play at the Ricoh next season?
Not at the moment – unless Wasps change their stance or the EU Commission drops the case.
CCFC have said they are accelerating their back-up ground share options.
What does all this mean for CCFC’s future?
On May 29 EFL clubs are due to meet and vote on whether to expel CCFC from the Football League.
That’s unless the club can satisfy the EFL board they have somewhere to play next season.
Where can I read more about the EU Commission process?
Here:
Antitrust: Overview – Competition - European Commission