CAS case

[Rjk]

Supposedly starting today.

If we lose presumably we have to fork out at least the first couple of instalments by now, and Fifa will presumably reinstate the three window transfer ban. Which would leave us screwed for next season, with half the team out of contract.

All seems to come down to whether the paperwork was all signed off at the time of the tragedy.

[Rjk]

Re: CAS case

Looks like it is only scheduled for today and tomorrow in Lausanne - so there may be a decision fairly quickly.

[North Cardiff Blue]

Re: CAS case

Supposedly starting today.

If we lose presumably we have to fork out at least the first couple of instalments by now, and Fifa will presumably reinstate the three window transfer ban. Which would leave us screwed for next season, with half the team out of contract.

All seems to come down to whether the paperwork was all signed off at the time of the tragedy.

Three window transfer ban, would we be able to agree new contracts for existing players?

That would put them in a strong position if we couldn't sign replacements?

In a transfer ban are loans also banned?

[Rjk]

Re: CAS case

Three window transfer ban, would we be able to agree new contracts for existing players?

That would put them in a strong position if we couldn't sign replacements?

In a transfer ban are loans also banned?

I'd imagine it would be a similar position to Derby, where we could only bring in players if we don't have a certain number who have played at least one match for the first team

[jon1959]

Re: CAS case

The transfer ban would apply if the club fail to comply with the 2019 FIFA ruling - the one that came down on Nantes side.

https://www.walesonline.co.uk/sport/football/transfer-news/cardiff-city-could-hit-three-17194610

That ruling has effectively been suspended because of the appeal to CAS.

If Cardiff lose the CAS hearing, and then make up the payments to Nantes (not sure if that means the first instalment or all three straight away in line with the original payment schedule) then there shouldn't be any transfer ban.

If Cardiff lose the CAS hearing but then fail to make the necessary payments to Nantes then there will be a ban.

If Cardiff lose the CAS hearing will they then be able to draw on any insurance cover (presumably the insurer - if cover in place - has refused to pay out whilst the registration ownership is in doubt)? If not will Cardiff take civil action against McKay/Nantes - changing the focus from the status of the transfer and contract to responsibility for the fatal crash?

If Cardiff win the CAS hearing, there should be no transfer payment and no ban.

I think.

[the other bob wilson]

Re: CAS case

The transfer ban would apply if the club fail to comply with the 2019 FIFA ruling - the one that came down on Nantes side.

https://www.walesonline.co.uk/sport/football/transfer-news/cardiff-city-could-hit-three-17194610

That ruling has effectively been suspended because of the appeal to CAS.

If Cardiff lose the CAS hearing, and then make up the payments to Nantes (not sure if that means the first instalment or all three straight away in line with the original payment schedule) then there shouldn't be any transfer ban.

If Cardiff lose the CAS hearing but then fail to make the necessary payments to Nantes then there will be a ban.

If Cardiff lose the CAS hearing will they then be able to draw on any insurance cover (presumably the insurer - if cover in place - has refused to pay out whilst the registration ownership is in doubt)? If not will Cardiff take civil action against McKay/Nantes - changing the focus from the status of the transfer and contract to responsibility for the fatal crash?

If Cardiff win the CAS hearing, there should be no transfer payment and no ban.

I think.

i'm guessing there'll be another appeal by someone no matter what the verdict - can't believe it's three years since FIFA's ruling.

[North Cardiff Blue]

Re: CAS case

The transfer ban would apply if the club fail to comply with the 2019 FIFA ruling - the one that came down on Nantes side.

https://www.walesonline.co.uk/sport/football/transfer-news/cardiff-city-could-hit-three-17194610

That ruling has effectively been suspended because of the appeal to CAS.

If Cardiff lose the CAS hearing, and then make up the payments to Nantes (not sure if that means the first instalment or all three straight away in line with the original payment schedule) then there shouldn't be any transfer ban.

If Cardiff lose the CAS hearing but then fail to make the necessary payments to Nantes then there will be a ban.

If Cardiff lose the CAS hearing will they then be able to draw on any insurance cover (presumably the insurer - if cover in place - has refused to pay out whilst the registration ownership is in doubt)? If not will Cardiff take civil action against McKay/Nantes - changing the focus from the status of the transfer and contract to responsibility for the fatal crash?

If Cardiff win the CAS hearing, there should be no transfer payment and no ban.

I think.

Wow what a situation, with so many permutations, it's going to be another interesting few weeks, months, years, decades !!!

[The Lone Gunman]

Re: CAS case

i'm guessing there'll be another appeal by someone no matter what the verdict - can't believe it's three years since FIFA's ruling.

Can a decision by CAS be appealed? According to the CAS website, "Judicial recourse to the Swiss Federal Tribunal is allowed on a very limited number of grounds, such as lack of jurisdiction, violation of elementary procedural rules (e.g. violation of the right to a fair hearing) or incompatibility with public policy."

https://www.tas-cas.org/en/general-information/frequently-asked-questions.html

[Pedro de la Rosa]

Re: CAS case

Three window transfer ban, would we be able to agree new contracts for existing players?

That would put them in a strong position if we couldn't sign replacements?

In a transfer ban are loans also banned?

Yes, and we'd be able to keep our loans. Or have to keep our loans. They're currently registered to us. I imagine we'd have 3 sets of 3 transfer window bans, if we miss all 3 instalments, which we will.

[Rjk]

Re: CAS case

Yes, and we'd be able to keep our loans. Or have to keep our loans. They're currently registered to us. I imagine we'd have 3 sets of 3 transfer window bans, if we miss all 3 instalments, which we will.

I'm not sure that's correct

[the other bob wilson]

Re: CAS case

Can a decision by CAS be appealed? According to the CAS website, "Judicial recourse to the Swiss Federal Tribunal is allowed on a very limited number of grounds, such as lack of jurisdiction, violation of elementary procedural rules (e.g. violation of the right to a fair hearing) or incompatibility with public policy."

https://www.tas-cas.org/en/general-i...questions.html

I was thinking More in terms of legal disputes than sporting ones - an equivalent of the House of Lords in this country.

[The Lone Gunman]

Re: CAS case

I was thinking More in terms of legal disputes than sporting ones - an equivalent of the House of Lords in this country.

As far as the sporting aspect is concerned, I reckon the CAS is the equivalent of the House of Lords. I don't think the dispute over the fee can go any higher than this. But I can certainly see further legal action of one sort or another further down the line. The lawyers will be rubbing their hands once more.

[Pedro de la Rosa]

Re: CAS case

I'm not sure that's correct

Chelsea signed Kovacic permanently when he was on loan under a similar ban. It’s a registration ban, not a transfer ban

[dml1954]

Re: CAS case

Supposedly starting today.

If we lose presumably we have to fork out at least the first couple of instalments by now, and Fifa will presumably reinstate the three window transfer ban. Which would leave us screwed for next season, with half the team out of contract.

All seems to come down to whether the paperwork was all signed off at the time of the tragedy.

Sorry but what you say is a bit misleading. If we lose the case, FIFA wont immediately apply the transfer ban, they will reinstate their ruling and order City to pay the instalments. Only if City don't comply with that will the transfer ban come into play.

[Pedro de la Rosa]

Re: CAS case

Sorry but what you say is a bit misleading. If we lose the case, FIFA wont immediately apply the transfer ban, they will reinstate their ruling and order City to pay the instalments. Only if City don't comply with that will the transfer ban come into play.

Tan isn’t going to pay though, let’s be honest :hehe: