Boudjellal Vs The International Window: Toulon's Owner Taking World Rugby To Court
Every November scores of expensive rugby players abandon their Top 14 posts to join various international squads. Toulon owner Mourad Boudjellal has finally had enough, writes James Harrington.
Time and Top 14 rugby wait for no international window except the Six Nations. It may have been the first official round of the November internationals at the weekend, but that small matter did not stop the rugby powers that be in France from scheduling a full programme of top-flight domestic matches.
One look at the Toulon and Stade Francais teams that took to the pitch at Stade Felix Mayol on Sunday will tell you how badly this clash of competitions has hit some clubs. The two sides were recognisable only by the kit they were wearing.
Injuries and international call-ups meant that 40 players were unavailable for the two clubs on the day. To make matters worse for Toulon, summer arrival François Trinh-Duc requires an operation after breaking his arm playing for France against Samoa and will be out for three months.
When France take on Australia in Paris at the weekend, Toulon will lose Xavier Chiocci and Maxime Mermoz to Les Bleus for their difficult trip to Castres – in addition to French captain Guilhem Guirado and in-form flanker Charles Ollivon.
For their match against Lyon, table-toppers Clermont – already shorn by France coach Guy Novès of Wesley Fofana, Arthur Iturria, Rémi Lamerat, Noa Nakaitaci, Clement Ric, Scott Spedding and Sebastien Vahaamahina – will also give up Camille Lopez and Damien Chouly to the French cause.
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Meanwhile, for those of you on Montpellier French-player watch, the endangered lesser-known homegrown player count at the club has been cut by one with the international call-up of Kélian Galletier.
The issue of releasing players during the international window has prompted Toulon president Mourad Boudjellal to take World Rugby to court, demanding €2million in compensation for having to give up a large portion of his expensively assembled squad whenever a national coach comes calling.
He has been threatening to do this for some time. He has threatened not to pay players while they are on international duty. It was reported that Matt Giteau and Drew Mitchell gave up a combined AU$400,000 in club salaries to join Australia for last year’s World Cup.
In early June, he again railed against the offending regulation, Article 9, which briefly threatened to deny him fit-again Welsh fullback Leigh Halfpenny for the semifinal and final of the Top 14, after the player had spent the entire season on the injury list following Warren Gatland’s bizarre decision to unnecessarily play him in a World Cup warm-up match.
Last week, Boudjellal stepped up his challenge, heading to court in Marseille with his legal team, to face what he later described as ‘a battalion’ of World Rugby lawyers.
He is demanding a legal ruling on the troublesome Article 9 which forces the club to release players during an international window. His issue is with releasing overseas players, as the club receives compensation from French rugby’s governing body the FFR for the release of French players.
It is going to be a slow process. Legal wheels grind slowly, and the hearing last week was to decide whether the court in Marseille was able to handle the case. Boudjellal and Toulon want the challenge to be heard in France. World Rugby want to move the case to London.
Still, Boudjellal is happy just that things are moving. He said: “It will take time, but… it is already a victory to have challenged this. I hope that the other clubs will thank us because everyone will feel the jurisprudence that Toulon will have created.
It corresponds to the Toulonese spirit: we are rebels, we will not let ourselves be done.”
Comments on RugbyPass
The game was a quarter final, not a semi final. Barrett will be here for 6 months, he is no one's replacement at 13. That mantle will most likely ultimately go to Jamie Osborne, though Garry Ringrose has at least 4 more years in him. The long term problem position (in the next 3 years) for Leinster is tighthead prop, though there are a couple of prospects at schools level.
21 Go to commentsSo much for all that hype surrounding the ‘revival’ of Aussie rugby. The Blues were without the likes of regular starters Perofeta, Sullivan, Christie etc… This was a capitulation of the highest order by Australia’s finest. Joe Schmidt definitely has his work cut out for him.
2 Go to commentsYes they can ignore Sotutu. Like Akira Ioane plays OK at Super level but gets lost in tests. Too many chances too many failures.
2 Go to commentsA wallaby front-row of Bell, Blake and Tupou…now that would be hefty
1 Go to comments“But with an exceptional pass accuracy rating “ Which apart from Roigard is not a feature of any of the other 9s in NZ. Kind of basic for a Black 9 dont.you. think? Yet we keep seeing FC and TJ being rated ahead of him? Weird if it’s seen as vital to get our backline beating in your face defences.
1 Go to commentsThanks BeeMc! Looks like many teams need extra time to settle from the quadrennial northern migration. I think generally the quality of the Rugby has held up. Fiji has been fantastic and fun to watch
13 Go to commentsLets compare apples with apples. Lyon sent weak team the week before, but nobody raised an eyebrow. Give the South African teams a few years to build their depth, then you will be moaning that the teams are too strong.
41 Go to commentsDid footballs agents also perform the scout role at some time? I’m surprised more high profile players haven’t taken up the occupation, great way to remain in the game and use all that experience without really requiring a lot of specific expertise?
1 Go to commentsSuper rugby is struggling but that has little to do with sabbaticals. 1. Too many teams from Aust and NZ - should be 3 and 4 respectively, add in 2 from Japan, 1 possibly 2 from Argentina. 2. Inconsistent and poor refereeing, admittedly not restricted to Super rugby. Only one team was reffed at the breakdown in Reds v H’Landers match. Scrum penalty awarded in Canes v Drua when No 8 had the ball in the open with little defence nearby - ideal opportunity to play advantage. Coming back to Reds match - same scrum situation but ref played advantage - Landers made 10 yards and were penalised at the breakdown when the ref should have returned to scrum penalty. 3. Marketing is weak and losing ground to AFL and NRL. Playing 2 days compared with 4. 4. Scheduling is unattractive to family attendance. Have any franchises heard of Sundays 2pm?
12 Go to commentsAbsolutely..all they need is a chance in yhe playoffs and I bet all the other teams will be nervous…THEY KNOW HOW TO WIN IM THE PLAYOFFS..
2 Go to commentsI really hope he comes back and helps out with some coaching.
1 Go to commentsI think we are all just hoping that the Olympic 7s doesn’t suffer the same sad fate as the last RWC with the officials ruining the spectacle.
1 Go to commentsPersonally, I’ve lost the will to even be bothered about the RFU, the structure, the participants. It’s all a sham. I now simply enjoy getting a group of friends together to go and watch a few games a year in different locations (including Europe, the championship, etc). I feel extremely sorry for the real fans of these clubs who are constantly ignored by the RFU and other administrators. I feel especially sorry for the fans of clubs in the Championship who have had considerable central funding stripped away and are then expected to just take whatever the RFU put to them. Its all a sham, especially if the failed clubs are allowed to return.
10 Go to commentsI’m guessing Carl Hayman would have preferred to have stayed in NZ with benefit of hindsight. Up north there is the expectation to play twice as many games with far less ‘player management’ protocols that Paul is now criticising. Less playing through concussions means longer, healthier, careers. Carter used as the eg here by Paul, his sabbatical allowed him to play until age 37. OK its not an exact science but there is far more expectations on players who sign for Top 14 or Engl Prem clubs to get value for the huge salaries. NZR get alot wrong but keeping their best players in NZ rugby is not one of them. SA clubs are virtually devoid of their top players now, no thanks. They cant threaten the big teams in the Champions Cup, the squads have little depth. Cant see Canes/Chiefs struggling. Super has been great this year, fantastic high skill matches. Drua a fantastic addition and Jaguares will add another quality team eventually. Aus teams performing strongly and no doubt will benefit with the incentive of a Lions tour and a home RWC. Let Jordie enjoy his time with Leinster, it will allow the opportunity for another player to emerge at Canes in his absence.
12 Go to commentsLove that man, his way to despise angry little men is so funny ! 😂
5 Go to comments“South African franchises would be powerhouses if we had all our overseas based players back in situ. We would have the same unbeatable aura the Toulouses, Leinsters or Saracens of this world have had over the last decade or so.” Proof that Jake white does not understand the economics of the game in SA. Players earning abroad are not going to simply come back and represent the bulls. But they might if they have a springbok contract.
25 Go to commentsA lot of fans just joined in for the fun of it! We all admire O'Gara and what he has done for La Rochelle
5 Go to commentsThe RFU will find a way to mess this up as usual. My bet is there will be no promotion into the the Premiership, only relegation into National League One. Hopefully they won’t parachute failed clubs into the league at the expense of clubs who have battled for promotion.
10 Go to commentsWell that’s the contracts for RG and Jordie bought and paid for. Now, what are the chances we can persuade Antoine to hop over with all the extra dosh we’ll have from living at the Aviva & Croke next season…??? 🤑🤑🤑
37 Go to commentsWow, that’s incredible. Great for rugby.
37 Go to comments