French clubs choose new collision course with IRB

By Ian Moriarty  - Tuesday 04th March 2008 www.planetrugby.com

Stade Français and Clermont Auvergne have indicated that they will investigate the possibility of seeking a judicial review in the French courts in order to overrule playing bans received by French club players outside the French Championship.

Both clubs are furious after seeing recent playing bans handed down to players Alexandre Audebert and Mauro Bergamasco in the Heineken Cup and Six Nations respectively.

Italian International Bergamasco, who was given a thirteen-week ban for eye-gouging in the game against Wales, will be unavailable until the 2nd June, rendering his season effectively over.

In an interview with Midi Olympique on Monday, Stade Français boss Max Guazzini made it clear that the two clubs, assisted by the professional clubs body, Ligue National de Rugby (LNR), would be investigating the possibility of contesting the validity of Article 17 of IRB regulations in the French courts.

"When an international player in sanctioned with his national team, he should be punished for international matches, not for the domestic league," fumed the Stade President.

"It seems illogical to me that not only has the player been sanctioned, but Stade Français has been equally sanctioned.

"It's not right. There are only 2 Italian matches left in the Six Nations tournament but for Stade Français, he is suspended until June and the worst of it is that he will be eligible to play for Italy for their summer tour," added Guazzini.

Like his Clermont counterpart René Fontès, Guazzini added that he was in favour of separating domestic and international sanctions, an idea that has been openly discussed by some in French club rugby but is unlikely to be taken seriously by the national unions or the IRB.

The French clubs' proposal could mean that a player like Trevor Brennan, who received a five-year ban last season for assaulting an Ulster supporter during a Heineken Cup match, could still be eligible to play in the Top 14.

Whatever about the ramifications of such a move, Guazzini believes that the Top 14 shouldn't suffer from disciplinary decisions taken in other competitions, a sentiment which is in direct conflict with IRB regulation 17.

"why should we continue to pay a player who isn't eligible to play? Obviously this is a problem because French employment laws wouldn't allow us to not pay them," he added.

"Is the IRB above French employment law?

"You have to ask the question. At the moment, it is still unclear which article of French law we can use to contest this decision but we are going to discuss this with our lawyers."

Both clubs have been informed that they will receive full support from the LNR but it is expected that they will find little support inside the FFR or for that matter, the French Government.

LNR Vice President Patrick Wolff declared: "anything which enables the clarification of the situation concerning the disassociation of sanctions will have the support of the LNR."