League face test over 'tap-up' rules

Ashley Cole is considering challenging the Premier League's rules which stop players talking to clubs while under contract

The Arsenal and England defender was charged last night by the Premier League after an investigation into his role in the now infamous meeting with Chelsea manager Jose Mourinho at a London hotel in January.

He is facing a heavy fine for his role in the tapping-up controversy which has placed his future at Highbury in serious doubt.

But according to informed legal sources, the Gunners star could defend himself by claiming the League's rule K5 is a restraint of trade under European law.

Cole's lawyers believe he will be cleared because there is insufficient evidence to prove he approached Chelsea seeking a move to Stamford Bridge.

They will also argue that the case should be thrown out because there was no complaint filed against him. Arsenal sparked the probe after vie chairman David Dein filed a formal complaint against Chelsea. But if those two defences fail, then Cole could fight the case using article 25 of the Treaty of Rome.

Cole's lawyer Graham Shear said: "We will be contesting this vigorously and I am bemused as to the basis for the Premier League to proceed."