It seems like our friends at the RFU have reluctantly accepted that enforcing minimum criteria for promotion is a breach of EU law:
There's already a thread on the cross-code board about what this might mean for the Union competition - but there could be huge (and possibly very expensive) implications for Super League / RFL.
Should the RFL press on with the grand licensing project, regardless of the risk that they could be challenged in court by a disgruntled club?
Or should there be a re-think of how promotion and relegation are handled?
It seems as Cookey pointed out there are fundamental differences. For me RU have promotion and relegation. Superleague does not. So the application of "competition laws" may well not even apply as Cookey says.
To argue "we should be in Superleague" under competition laws could be a non starter as there is no automatic pathway into the SL competition any more, where there is in RU and as I understand Cookey, what's happened here is London Welsh have made the case they are as good a bet as other clubs, so it's unfair to deny promotion.
In RL there is no promotion so that's maybe the key. If there are Championship clubs who are as good a bet as the current Superleague clubs then they would have a good argument (and right of appeal?) under the Licensing system to get a place, so the system we have does not deny them. Indeed it provides for a Championship club to be promoted with an average fanbase of only 2,500.
And so......If a superleague club with 5,000 fans were asked to stand down for them maybe the Superleague club would have the better argument under competition laws......