Wimbledon get Bosman lawyer on their side

Wimbledon, who seem to stepping up their fight to move to Dublin, have engaged the lawyer who won the Bosman verdict two years…

Wimbledon, who seem to stepping up their fight to move to Dublin, have engaged the lawyer who won the Bosman verdict two years ago to take their fight to Brussels as they attempt to become the first club to relocate their stadium in another country while seeking to remain in the English league.

The Premiership club's part-owner Sam Hammam is attempting to circumvent the objections of the FAI, which has UEFA's backing, by instructing lawyers to ask the European Commission if they would support Wimbledon's bid and enable it to be pushed through under European Union law.

Wimbledon would become the first club side to want to play in a different nation state. If successful, it would open up the prospect of clubs in Europe moving across frontiers in search of larger crowds, if not more loyal supporters. Owners of United States sports teams have done something similar for decades by moving across state lines.

Wimbledon's lawyer in Brussels, Jean-Louis Dupont, said last night: "The club is clearly looking very seriously at relocating to Dublin. They are planning it and it will happen.

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"Wimbledon is a club without an audience and Dublin is the biggest city in Europe without a football club. They would be playing to a full stadium every week instead of a few thousand people. They would have the whole of Ireland behind them and every match would be like an international."

Although the Premiership has backed the plan, the stumbling block has been the objection of the FAI, which fears that Premiership football would threaten National League attendances.

The legal test in Brussels is being brought under article 52 of the Treaty of Rome which gives businesses the right to locate in any of the EU's 15 member states. It is being suggested that English FA opposition would be a breach of article 86 of the treaty, an abuse of a dominant position in the market.

The club has already earmarked a site in Clondalkin, 15 minutes from the airport and with good public transport connections.

In taking on Wimbledon, the English FA would have to note that it has engaged probably the smartest European lawyer to engage himself in sporting issues.

Maitre Dupont, a young and bespectacled Belgian lawyer, has made a name for himself challenging sports' authorities successfully as commercial and legal bodies under EU law.

Bodies such as UEFA and Formula One racing have found their traditional assumptions of autonomous rights to govern their own affairs and their players without reference to outside laws under threat almost single handed from him.

Dupont won the Bosman verdict in the European Court two years ago, freeing soccer players to negotiate their own terms at the end of their contracts and allowing clubs to play as many foreign players as they wish in a team.

Wimbledon have long been looking to end their ground-share at Selhurst park and build their own stadium. The club's owner Sam Hammam believes that unless they do, the club will wither and die.

A proposal to move into the greyhound stadium next door to Wimbledon's old Plough Lane ground was recently knocked back by Hammam as being too impractical.

Although another option remains to build a new stadium near Gatwick airport, the club increasingly has its eye on a move to Dublin.

This would not only give Wimbledon their new stadium, but significantly increase the number of paying customers through the gates and bring in lucrative television income.

The plan is to build a 75,000capacity stadium on an easily accessible site six miles from Dublin airport. Hammam has found a willing ally in the Cork entrepreneur Owen O'Callaghan who will help finance the new stadium.

Wimbledon have tried to allay fears by promising not to play on the same days as National League fixtures, but having failed they are now ready to resort to European law.

They have already consulted European business and commercial law experts and the latest move is designed to put pressure on UEFA to avoid an expensive legal battle by backing Wimbledon's emigration.

However, the vested interests behind this unique plan are strong and determined enough to take the matter all the way in the courts if need be.

Earlier this week Hammam and O'Callaghan were in Ireland and had discussions with a number of National League clubs about a possible move. The move caused controversy in Athlone when club secretary Jack McKervey threatened to resign after some of his fellow club officers met Hammam.

During the meeting Hammam told Athlone officials that there was £10 million available to back the project, half of which would go to Irish clubs and FAI affiliates.