Manchester United could face a UEFA charge if they qualify for Europe next season with Sir Jim Ratcliffe as the club's minority owner - IF Ratcliffe's Ligue 1 side Nice also secure European football.
UEFA rules forbid two clubs under the same ownership from competing in Europe and with Ratcliffe's Ineos group set to acquire a 25% stake in United - as well as owning Ligue 1 highflyers Nice - that could present a problem.
United are currently sixth in the Premier League table while Nice are second in the Ligue 1 standings, just a point behind Paris St-Germain. UEFA's multi-club ownership rules mean the only way the two clubs could currently both play in Europe is if one qualifies directly to the Champions League group stage and the other qualifies for any stage of the Conference League, as that would prevent playing in the same European competition at any point.
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Otherwise, under Article 5 of UEFA's rules, the club qualifying for the more prestigious competition would take precedence, or if they qualified for the same competition the club with the higher league finish. If they finished in the same position, it would come down to the coefficient between the Premier League and Ligue 1.
But if both clubs do qualify for Europe, UEFA will initially open proceedings against them through their Club Financial Control Body (CFCB) and that will give them a chance to prove they do comply with the rules. In a sign of UEFA's stance against multi-club ownership relaxing this summer, three cases were raised but every club involved was given the green light to play in Europe.
That will give United and Nice confidence that they can find a way to circumvent the rules and secure European football for both clubs in 2024/25, if they qualify.
UEFA instigated proceedings against Aston Villa and Vitoria de Guimareas, Brighton and Union Sant-Gilloise and AC Milan and Toulouse. But in July the governing body said that "following the implementation of significant changes by the clubs and their related investors", they had all been accepted into European competition for the 2023/24 season.
Those actions included a significant reduction of the investors’ shareholding in one of the clubs, or transfer of the effective control and decision-making of one of the clubs to an independent party, restrictions in the ability to provide financing to more than one club, no representation on the board of directors or capacity to appoint new directors of more than one club and no ability to participate in key decisions at both clubs.
The £1.3bn deal for Ineos to take a 25% stake in United comes with key decision-making power over the sporting side of the club and with chief executive Richard Arnold leaving Old Trafford, they are set to appoint their own man to the role in Jean-Claude Blanc.
The exact make-up of the deal and the shares involved is yet to be confirmed, but as things stand it is almost certain United and Nice would fall foul of UEFA's rules despite the minority investment, because of the power that comes with it. That would require Ratcliffe to make changes at one club to allow both to enter European competition next season.
The Premier League could see five clubs qualify for the Champions League next season, while Ligue 1 now has four places in Europe's premier competition, with three directly into the new group stage and one requiring a play-off.
UEFA's rules mean both clubs wouldn't be eligible to play in the same competition, as things stand. One would also be barred if a club reached the Champions League and Europa League, due to the potential for a Champions League side to drop into the Europa League. The same rule would bar one side should one reach the Europa League and the other the Conference League.
