If cash is king in sport, sentiment is definitely a member of the royal family (reason is merely the court jester). Only sentiment and not reason can adequately explain UEFA's determination to go with the flow and seek to guarantee Cardiff a place in the UEFA Cup if it wins the FA Cup, a position now apparently shared by FA's professional game board. Of course, the FA and UEFA main boards will have the final say, but the FA is in a most difficult position if it follows sentiment here.

The FA's problem is acute because any decision in favour of Cardiff would mean a complete reversal of its public statement that Cardiff would not be 'nominated' as an English representative were it to win the FA Cup. This position was taken when Cardiff reached the semi-finals.

This statement (which was absolutely unequivocal) reflected the traditional view that European participation is a privilege bestowed by the national governing body and not a sporting right enjoyed by successful clubs. It also reflected the traditional national pyramid principle which is designed to reward clubs in small countries and deter them from migrating - thus preserving national competitions in all countries.

According to this principle (which has been accepted by the European Commission and is legally defensible whatever Cardiff might say), Cardiff would have to compete in the Welsh Cup to qualify for Europe, though it would need to renounce participation in the English FA Cup and gain UEFA's permission as well.

If sentiment holds sway here, a price will have to be paid. Hard cases can make very bad precedents. Just as Wimbledon's move to Milton Keynes (justifiable on its particular facts) effectively paved the way for American style franchise movements, the admission of Cardiff to the UEFA Cup will create pressure to allow admission of the likes of Celtic and Rangers to the Premier League. If that can be resisted legally (which it can) a decision allowing Cardiff to enter the UEFA Cup can only weaken those organising football in smaller countries.

If UEFA thinks its surrender to media pressure helps smaller countries, it should reflect on the implications of its decision for the national pyramid structure, which it has always defended. Its rejection of the so-called Atlantic league comprising clubs from smaller countries demonstrated its firm conviction on this point a few years ago. As for the FA, it must surely seek a way of postponing a decision until after the final, in the fervent hope of not having to make one. The FA and some Swansea fans will be hoping Portsmouth make sure the underdog does not have his day at Wembley in May!

© Davenport Lyons 2008. All rights reserved.
This document reflects the law and practice as at April 2008. It is general in nature, and does not purport in any way to be comprehensive or a substitute for specialist legal advice in individual circumstances.