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West Ham United will not take over the Olympic Stadium after London 2012 as Newham Council has withdrawn £40million of funding due to legal challenges.

Tottenham Hotspur and Leyton Orient both sought judicial reviews over the awarding of the stadium to the Hammers.

Now an anonymous complaint, claiming the money being provided by Newham to West Ham represented “state aid”, to the European Commission, have led to fears that court action could drag on for years while the stadium remains empty.

There were also fears that the application for a judicial review by Spurs and Orient could drag on and even if their bids failed they could appeal.

The government is expected to announce today the stadium will remain in public ownership and leased out to an anchor tenant following a new tender process.

It is understood that no contract has been signed with West Ham, allowing the move to a fresh tender process, but the club will be encouraged to bid again.

The Olympic Park Legacy Company will rent out the stadium to a tenant, which could prove less costly for West Ham.

The move also removes doubts about the removal of the running track ahead of the 2017 world athletics championships bid.

The government, the Mayor of London and the OPLC have scrapped the current deal in order to try to end the legal challenges over the stadium’s ownership.

A joint statement by Karren Brady, West Ham vice-chairman, and Kim Bromley-Derry, Newham chief executive, said they welcomed the move and would bid again to become tenants of the stadium.

“We understand Ministers will make a statement later and will not pre-empt that,” the statement said.

“Uncertainty caused by the anonymous complaint to the European Commission and ongoing legal challenges have put the Olympic legacy at risk and a stadium may not be in place by 2014 because of the legal delay.

“We welcome a move by OPLC and Government to end that uncertainty and allow a football and athletics stadium to be in place by 2014 under a new process.

“If the speculation is true, West Ham will look to become a tenant of the stadium while Newham will aim to help deliver the legacy.

“Our bid is the only one that will secure the sporting and community legacy promise of the Olympic Stadium – an amazing year-round home for football, athletics and community events of which the nation could be proud.

“The true legacy of London 2012 will be the creation of jobs and a generation of young people inspired by sport based around a community home for all by 2014.

“We remain committed to help deliver that legacy promise to the people of London and the nation.”

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London Mayor Boris Johnson has been forced to deny the offer of £17million he made to Tottenham Hotspur to build a new stadium was “a bung”.

Leyton Orient chairman Barry Hearn called the move so to stop the Premier League club from pursuing legal action and preventing West Ham from moving into the Olympic Stadium.

The Mayor defended his actions by saying the finance was to help infrastructure  plans for the new ground.

But Hearn, whose club have joined Spurs in the application for a judicial review of the Olympic Stadium decision, blasted the move.

“Boris has made his move to try and placate Tottenham and if I’m being cynical, it looks like a bung just to get him out of a court case,” Hearn told Talksport.

“I come from the real world and I can recognise a bung when I see it.”

The £17million offer is from the Greater London Authority (GLA) and Haringey Council and the mayor’s office rejected the suggestion it was inappropriate.

They have also denied a report that Tottenham have a deadline until tomorrow to accept the offer, saying talks with the club are still continuing.

A spokesman for the Mayor of London said: “To suggest that the proposed offer from the GLA and Haringey Council towards Tottenham is an inappropriate use of funds is entirely inaccurate.

“The discussions that took place yesterday outlined a comprehensive plan for the regeneration of the area that is in the interests of not just the club, but the residents and businesses of Tottenham.”

Hearn said Orient will push ahead with action in the High Court in mid-October against Newham Borough Council and the Olympic Park Legacy Committee.

He claims the Hammers are being given a “state subsidy” to take over the Olympic Stadium.

“Frankly, West Ham are getting a great deal,” Hearn added.

“David Gold said, and I quote, ‘We know the stadium’s not perfect but this is a £600million stadium and we’re getting it for £30 million, so it’s too good a deal to turn down’.

“Well, good luck to him, but if that’s not state aid then I don’t know what is. What West Ham do is up to them and what Tottenham do is up to them.

“But I don’t think there’s any doubt that if West Ham do take off they’ll put us out of business.

“The one little outfit that’s being completely overlooked is little Leyton Orient Football Club, and the community work they do, which is supposed to be so important in the world in which we live.

“We seem to be the forgotten tribe of the East End.

“They’re hoping we’ll go away quietly, but anyone who knows me knows that ‘quiet’ is not a word that features in my vocabulary.”

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Tottenham Hotspur are seeking a judicial review of West Ham United being awarded the Olympic Stadium and will take their case to the High Court.

This comes after the court last week rejected the legal claims from both Tottenham and League One side Leyton Orient.

Spurs will now present their case at a hearing. No-one from Orient was immediately available for a comment about their intentions.

West Ham were awarded the keys to the stadium last February before they were relegated from the Premier League last season.

A key aspect of their bid was to keep the running track around the pitch for it to be used to hold athletics meets in the capital after the games.

The Hammers will move in once they have modified the stadium to make it fit for purpose after London 2012.

“The club has today applied to the High Court to renew its application for permission to bring a claim against the London Borough of Newham and the Olympic Park Legacy Company, the Mayor of London and Government Ministers for judicial review of their decisions underlying the bid process for the conversion of the Olympic Stadium after the 2012 Games,” Tottenham said in a statement on their website.

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The Premier League Board insists West Ham United will go to the Olympic Stadium, scuppering Leyton Orient’s chances of preventing the move.

The Hammers won the right to move to the Olympic Stadium with their bid being declared better than Tottenham’s by the Olympic Park Legacy Company (OPLC).

But Orient chairman Barry Hearn claims the decision will affect the survival prospects of the League One club.

The Olympic Park is a mile and a half from Brisbane Road and Hearn fears this will affect attendances and create problems of attracting support for the club.

The Premier League say Hearn was kept informed of the developments and there is no possibility of the decision being reviewed.

“At the request of Tottenham Hotspur and West Ham United the Premier League Board considered whether a prospective move to the Olympic Stadium would be compliant with Premier League Rules,” read a statement.

“In reaching its decision the board took into account the relevant factors set out in Rule I.6.

“The board came to the decision it would be unreasonable to prevent either Tottenham or West Ham from moving to the Olympic Site as long as they satisfied all of the relevant criteria.

“With particular reference to Leyton Orient, full consideration was given to a letter written by its chairman, Barry Hearn, to the Premier League prior to the board meeting at which the decision was taken.

“In the letter Mr Hearn accepted that either Tottenham or West Ham would inevitably move into the Olympic Stadium while outlining his preference for Tottenham.

“After the board had reached its decision the Premier League general secretary wrote to Mr Hearn informing him of its decision, the reasoning behind it and thanking him for his correspondence.

“It is regrettable Mr Hearn is now claiming that Leyton Orient had no input into the board’s decision making process when their views were given due consideration.

“Clearly the position currently being articulated by Mr Hearn in the media is at odds with his original submission.

“The League has no view on the comparative merits of Tottenham or West Ham’s bids. It was the responsibility of the OPLC to decide how the site would be used following the 2012 Olympic Games.

“With all this in mind there is absolutely no question of the board’s decision being reviewed.”

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Watch Arsenal v Leyton Orient live streaming with GetSport.TV

Arsenal keeper Manuel Almunia will start with Wojciech Szczesny on the bench against Leyton Orient.
Robin van Persie (knee), Cesc Fabregas (hamstring), Theo Walcott (ankle), Laurent Koscielny (hamstring) and Alex Song (knee) have been ruled out.
Leyton Orient’s Jonathan Tehoue was his side’s hero in the first game and has recovered from a migraine to play.
Harry Kane is suspended but Steve Dawson (knee), Matthew Spring (calf) and Jimmy Smith (hamstring) are doubts.(BBC Sport)

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Highlights of the last fixture between these two sides.

Leyton Orient 1-1 Arsenal FA Cup February 2010

Highlights of this match will appear on this site the moment the final whistle is blown.

COS Prediction: 3-0 to Arsenal

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Arsenal manager Arsene Wenger admits his team need a break as Leyton Orient forced an FA Cup replay adding to the Gunners’ already packed fixture list.

Jonathan Tehoue’s late equaliser for the League One club ensured Arsenal now face a season defining five games in 14 days.

Arsenal have now played 42 matches this season and if they win the quadruple could face up to 23 more.

The next fortnoight is crucial for the Gunners who host Stoke City on Wednesday then play Birmingham in the Carling Cup final on 27 February before playing a replay against Orient on 2 March.

Arsenal then play a league game against Sunderland on 5 March and the second leg of their Champions League tie with Barcelona three days later.

If Arsenal were to win the Leyton Orient replay they would then face a trip to Old Trafford to face Manchester United on the weekend of 12/13 March.

But Wenger, while admitting his worry over the fixture congestion, was pleased with the performance of his players.

“Since December, we’ve played every three days,” Wenger said. ”Sometimes to have a week where we could give the players a little breather would not be bad.”

“We have played the game with the right attitude and could not fault our fighting spirit but you also have to give credit to Leyton Orient because they never gave up and fought very hard.”

“As long as you do not score the second goal, that can happen.

“Overall it is a disappointment but we are still in the competition and will now play at home.

“The most important thing is to go through.

“We have had problems in the cups against teams from the lower divisions to finish them off, but also we have given a lot.”

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Leyton Orient 0-1 Arsenal (Rosicky)

szólj hozzá: Le0-1Ar[matchhighlight.com]

Leyton Orient 1-1 Arsenal (Tehoue)

szólj hozzá: Le0-1Ar[matchhighlight.com]

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Leyton Orient midfielder Matthew Spring is a doubt having missed the last two matches with a calf injury.
Adam Chambers is still suffering from a shin problem.
Arsenal centre-back Johan Djourou is sidelined with a back problem having picked up the injury against Barcelona on Wednesday.
Right-back Bacary Sagna is available having missed the match through suspension, however midfielder Abou Diaby is still banned.(BBC Sport)

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Highlights of both sides previous FA Cup encounters.

Swansea City 1-2 Leyton Orient FA Cup January 2011

Arsenal 2-1 Huddersfield Town FA Cup January 2011

COS Prediction: 2-2 Draw

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