I think it would be shocking if Milan were allowed in. I know a place was found for us in 2005/6, but we were holders and the situation only came about because our FA played silly buggers and changed the system that they would have applied the previous year if necessary and which the Spanish FA have previously followed of demoting the fourth placed team in the league to the UEFA Cup.
According to Article 1, para 1.07 of the
Regulations for
last season's competition, a club which is not admitted to the competition shall be replaced by the next best-placed club in the top domestic league championship of the same national association, provided it fulfils the admission criteria.
Possible ways round this for Milan?
1. Change the Rules. We know this can be done! And next season's Regulations aren't on the UEFA website yet, although they are referred to in an article about Porto.
2. Show that para 1.07 does not apply. You only have to find that the next best-placed club does not fulfil the criteria and then rely on Article 30 (do-as-you-like clause - see below) because the rules do not say that the next best-placed
eligible club will be admitted, only that the next-based club will be admitted if eligible.
3. Argue force majeure (see Article 30 again), because obviously Milan failing to qualify for the CL is on a par with war, earthquake and the second coming.
Article 30 provides that the CEO will decide on any matters not provided for in the Regulations, as well as in cases of force majeure, and that his decisions are final. I think that the CEO is probably the General Secretary, who is now a Scot but was an Italian (Capo Famiglia, or something like that ...)