London Welsh win Premiership appeal & promotion

London Welsh have won their appeal to be promoted into the Aviva Premiership which means they will play in the top flight.

Despite winning the second-tier Championship, London Welsh were originally denied a place in the top flight after being told they had failed to meet the minimum standards required of a Premiership club.

But their appeal was heard Thursday and an independent panel spent most of Friday considering their verdict before finding in favour of London Welsh.

The verdict condemned Newcastle to relegation after the north-east club finished bottom of the Premiership last season.

London Welsh were initially told they had failed the minimum standards audit primarily because they did not meet the requirement for primacy of tenure.

In effect, that meant London Welsh, whose existing Richmond base in south-west London is deemed unsuitable for top-flight rugby, were not allowed to share the Kassam Stadium with Oxford United even though three existing Premiership teams co-habit with football clubs.

London Welsh argued the primacy of tenure rule breached UK and European competition law and was therefore void and unenforceable.

The result of the successful appeal means that Newcastle Falcons will be relegated to the RFU Championship.

Newcastle Falcons issued a statement following the decision saying, " We are extremely disappointed with the decision and the representations witnessed at the appeal hearing and we will leave our options open as to where we go from here.

"In this new era everyone at the club will be committed to delivering a successful future and a first class experience at Kingston Park."

"After the disappointment of the decision coming out of the appeal hearing in London, we implore the region to get behind the club to prove what a wonderful and passionate region we are for rugby."

"The last time the club was in a similar situation in 1996/97 we bounced straight back and won the Allied Dunbar Premiership trophy in 1997/98 and it is our ambition to replicate similar success."

"We do not underestimate the competitiveness and challenges we face in the Championship but under the tutelage of Dean Richards we will have one, and only one goal - to win. "

London Welsh issued a statement saying that they welcomed the decision reached by the Appeal Panel.

"The club has always believed in the strength of its case for admittance into the Aviva Premiership, as winners of the RFU Championship, and today's outcome confirms that we were right to appeal against the decision that London Welsh should not be promoted."

"The fundamental strength of our case was based not only on overwhelming legal merits, including in particular anti-competition grounds, but also, equally importantly, on the fairness and justice of rewarding through promotion the team winning on the pitch."

"It is therefore not only a victory for London Welsh, its players, coaching staff and all its supporters but also for sport in general and the game of rugby union in particular, reinforcing the ethos and fundamental sporting ethic that the best team should receive the appropriate rewards."

Rugby Football Union (RFU) Chief Executive Officer Ian Ritchie said, "I would like to thank all involved for their professionalism throughout the considerable time dedicated to this matter, which ensured the case in question was approached with the importance it warranted.

"The decision taken by the RFU Board was based entirely upon the results of the independent auditor?s report in accordance with the Minimum Standard Criteria (MSC), as set out by the Professional Game Board (PGB). We will now instigate a full review of the MSC, working within the PGB, with the aim of ensuring all stakeholders are agreed on the process going forward.

"The RFU considers this matter closed which will now enable all clubs to continue their planning for the 2012-13 season."

Source: http://www.rugbyweek.com/news/article.asp?id=35726

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