THE CAS AGREES WITH FC NANTES

Taken from FC Nantes website https://www.fcnantes.com/articles/ar....php?num=40668

FC Nantes welcomes today's decision on appeal by the Court of Arbitration for Sport (CAS).

The CAS dismissed Cardiff City's appeal entirely and upheld FIFA's decision of 25 September 2019 regarding the transfer of player Emiliano Sala.

The court therefore ruled, as FC Nantes had maintained since the beginning of the proceedings, that the player's transfer to Cardiff City was complete when he tragically died in an aviation accident.

Consequently, the CAS ordered Cardiff City to pay the transfer costs to FC Nantes and ordered Cardiff to pay a historically high sum, in respect of procedural costs and arbitration costs.

FC Nantes is delighted that this procedure - initiated by Cardiff City and then delayed many times by Cardiff City - which has been difficult for all those close to Emiliano, is finally closed.

The Club hopes this will mark the end of the public disinformation campaign, to which FCN has never reacted, out of respect for the player's family.

Oh this doesn't sound good.

Nice and unbiased reporting from Nantes

So Cardiff will have to play at least the first instalment of the transfer, probably more than that, and "historically high procedural and arbitration costs".

I wonder if we will now try to sue someone for the illegal flight that caused the tragic death?

https://www.cardiffcityfc.co.uk/news...atement-260822

"Cardiff City is disappointed by the decision of the Court of Arbitration in Sport.

Once the club’s lawyers have digested the reasons for the decision we expect to appeal and will not be making any payments to FC Nantes in the meanwhile.

If those appeals are unsuccessful and the club is liable to pay the transfer fee the club will take legal action against those responsible for the crash for damages to recover its losses.

All our thoughts must continue to be with Emiliano’s family, who are now supported financially by the Trust the club put in place for them."

Club's statement on the matter- perhaps unsurprisingly succinct and barbed.

Public disinformation campaign?

Nobody comes out of this at all well, especially Cardiff who really ought to pay something

So we’re appealing the decision. I’m guessing this will drag on for months more.

The next question which has to asked, was Sala's death insured by the club ? If Mo Salah was to tragically die in a no-fault car crash I'm pretty certain Liverpool would be able to claim an element of compensation via their player insurance..

Quote:

---

Originally Posted by Canton Kev

So we’re appealing the decision. I’m guessing this will drag on for months more.

---

Undoubtedly would have whatever the ruling.

Intention to appeal then sue the flight organisers. Not surprising. This is going to go on a good while yet.

Wonder how still not paying Nantes (do they mean while their lawyers think about it or until the appeal's been decided?) affects the transfer ban that was suspended pending this decision.

Quote:

---

Originally Posted by A Quiet Monkfish

The next question which has to asked, was Sala's death insured by the club ? If Mo Salah was to tragically die in a no-fault car crash I'm pretty certain Liverpool would be able to claim an element of compensation via their player insurance..

---

I have my doubts.

Quote:

---

Originally Posted by City123

Public disinformation campaign?

Nobody comes out of this at all well, especially Cardiff who really ought to pay something

---

Couldn't agree more.

According to the other site, the monies are in an escrow account and are separate from the club's finances. Perhaps someone with the knowledge can expand on this.

Throwing good money away on this, if it's Tan's then that's up to him but ultimately it's going to effect the running of the club.

How much in legal fees I wonder.

Quote:

---

Originally Posted by Trigger

Throwing good money away on this, if it's Tan's then that's up to him but ultimately it's going to effect the running of the club.

How much in legal fees I wonder.

---

This. My concern is that we've been run into the ground over this and should have cleared it up a long time ago. I've never been comfortable with the way this has been handled and it just seems to get worse.

CCFC statement has been updated slightly to add the following

"The award fails to decide the crucial question of FC Nantes (and its agents)’ liability for the crash, which will therefore have to be decided in another forum."

Quote:

---

Originally Posted by Moodybluebird

According to the other site, the monies are in an escrow account and are separate from the club's finances. Perhaps someone with the knowledge can expand on this.

---

The only time that I've seen an Escrow account mentioned in sporting circles is in boxing where a third party looks after the money of another party pending a decision or payment (in boxing the prize pot to each fighter).
If it is in an Escrow account then it might mean that it hurts the club less than if they hadn't set aside a penny yet. Who knows really? It will all come out soon, then maybe not.

Personally I'd like to see the dodgy agents who organised it all get their comeuppance.

It's always been utter bullshit that we haven't paid it. Bloke was ours, trapsed in front of the media outlets; announced on our own club media as having joined and we've dragged this on and on - on the off-chance that the loss can be adjusted down by hoping for a court to take a flawed decision. Hedged our bets with our reputation thrown under the bus willingly to save Tan a few bob. Ever the business men never the human seemingly from Dalman etc. If I remember rightly at the time Dalman was in the press saying when he got to the club after the news broke about Sala's plane he asked why everyone was quite so devastated- something along the lines of ok it was bad news but for everyone to be quite so despondent surprised me. Bloke is a cnut.

Quote:

---

Originally Posted by City123

Public disinformation campaign?

Nobody comes out of this at all well, especially Cardiff who really ought to pay something

---

Agreed.

Quote:

---

Originally Posted by Citizen's Nephew

This. My concern is that we've been run into the ground over this and should have cleared it up a long time ago. I've never been comfortable with the way this has been handled and it just seems to get worse.

---

To be fair to Tan, it's his money not yours. If you were in business and a similar situation arose, I very much doubt you would be so quick to concede defeat even after an arbitration ruling went against you. There are other factors in play here and I don't blame the club for taking the stance they have. If after all other avenues have been explored it becomes obvious that the club has no other options but to settle up with Nantes, then I'm sure an agreement will be reached. It appears highly likely I would imagine that the club will be suing those parties involved in arranging Sala's ill-fated flight, which could also include Nantes.

Quote:

---

Originally Posted by Moodybluebird

To be fair to Tan, it's his money not yours. If you were in business and a similar situation arose, I very much doubt you would be so quick to concede defeat even after an arbitration ruling went against you. There are other factors in play here and I don't blame the club for taking the stance they have. If after all other avenues have been explored it becomes obvious that the club has no other options but to settle up with Nantes, then I'm sure an agreement will be reached. It appears highly likely I would imagine that the club will be suing those parties involved in arranging Sala's ill-fated flight, which could also include Nantes.

---

When you are wrong you win nothing in arguing till you're blue in the face that you are right. Just a lot of enemies and spent effort and resources. But you are right someone with nothing driving them but money who has thrown ethics out of the window wouldn't care. There may be an element of some influence by insurers in terms of what action they want the club to do, but really even then what cretin at the insurer believes this lad wasn't in our possession.

Was it for this eventuality that £19m of shares were issued a few weeks ago ?

What a rotten business football has become

What is 5 million quid to an enormously wealthy man ?

What's disturbing is that the summary of the judgement suggests that Cardiff City have not disputed completion of the transfer (as speculated in the media), but simply that they should not pay as Nantes could be liable for the player's death due to the actions of their representatives.
https://www.tas-cas.org/fileadmin/us...4_Decision.pdf

Quote:

---

Originally Posted by Rjk

So Cardiff will have to play at least the first instalment of the transfer, probably more than that, and "historically high procedural and arbitration costs".

I wonder if we will now try to sue someone for the illegal flight that caused the tragic death?

---

Of course

Fat load of good suing those responsible for travel arrangements would be,

If the club did not arrange insurance from the moment the playe put pen to paper then they (CCFC) have acted negligently - and those who responsible for this possible (probable?) situation ought to be named and THEY should be the ones to be sued for negligence.

They wheeled Emiliano out in a City top and announced he was our player. The CAS judgement was never going to go the clubs way. Tan should pay up and have done with it. Tan has been a cnut over this and by association made CCFC look like cnuts along with him.

Quote:

---

Originally Posted by Maurice Swan

Fat load of good suing those responsible for travel arrangements would be,

If the club did not arrange insurance from the moment the playe put pen to paper then they (CCFC) have acted negligently - and those who responsible for this possible (probable?) situation ought to be named and THEY should be the ones to be sued for negligence.

---

i'm no lawyer but who are the club going to sue the agent or plane company probably got no money to pay out anyway ?

Quote:

---

Originally Posted by Moodybluebird

To be fair to Tan, it's his money not yours. If you were in business and a similar situation arose, I very much doubt you would be so quick to concede defeat even after an arbitration ruling went against you. There are other factors in play here and I don't blame the club for taking the stance they have. If after all other avenues have been explored it becomes obvious that the club has no other options but to settle up with Nantes, then I'm sure an agreement will be reached. It appears highly likely I would imagine that the club will be suing those parties involved in arranging Sala's ill-fated flight, which could also include Nantes.

---

People can think what they like but I'll tell you straight what I would do/have done. I'd have already committed to the transfer so that money was already spent as far as I'm concerned. It's irrelevant as to 'who's money it is', it's a spreadsheet at the time of the deal. I'd have abided by the original ruling and sought to seek compensation afterwards. I wouldn't risk a transfer embargo. I wouldn't put the club in that position and neither would I want my club/business to look the way Cardiff City FC look right now.

Sure, it's not my money. There are enough people who know the type of person I am on here who know I'm not bull*tting when I say this stuff. I don't like this argument that 'it's Tan's money'. No! It may be Tan's business but that business is called Cardiff City Football Club and I live a mile away from it. We support its football team. This is visceral. It hurts and makes me feel ashamed.

Sh*t happens. Really bad sh*t happens. My view is you deal with it at the time and fairly and honourably. Move on, get on with it. We support a football team. I do not support this. It's why I'd make a sh*t politician because I believe in keeping to my agreements and doing the right thing. That is not always the same as the 'legal' thing. It works both ways.

I can understand us going after the agents/flight organisers but never saw much sense in claiming he wasn't our player. As Sludge says that kind of money to Tan is like £100 to most of us

Quote:

---

Originally Posted by driver blue

i'm no lawyer but who are the club going to sue the agent or plane company probably got no money to pay out anyway ?

---

If CCFC can't establish a clear link to Nantes then they will get very little. Given that it is already in the public domain that the whole process of hiring the flight started with a club employee (McKay jr) offering the option to Sala it seems very unlikely that a court would hold Nantes liable.
The detailed papers are going to be interesting but I suspect it's going to look like Cardiff City have lost the plot on a large scale on this one.

Of course he was our player, we trumpeted it enough. Nantes should have been squared up and we should have taken our gripe down a different route against others. No doubt any legal victory against ‘others’ would have resulted in bugger all financially, the rogues would have all tracks covered, bankruptcy etc but we’d have come out of the whole shitstorm with a modicum of decency.

Quote:

---

Originally Posted by gabbsthenewt

It's always been utter bullshit that we haven't paid it. Bloke was ours, trapsed in front of the media outlets; announced on our own club media as having joined and we've dragged this on and on - on the off-chance that the loss can be adjusted down by hoping for a court to take a flawed decision. Hedged our bets with our reputation thrown under the bus willingly to save Tan a few bob. Ever the business men never the human seemingly from Dalman etc. If I remember rightly at the time Dalman was in the press saying when he got to the club after the news broke about Sala's plane he asked why everyone was quite so devastated- something along the lines of ok it was bad news but for everyone to be quite so despondent surprised me. Bloke is a cnut.

---

The club didn't get their player because of circumstances beyond their control and because of the actions of various other third parties. That he was a City player at the time of the accident has now been confirmed, but why on earth would any business with a potential £15 million or so loss pending, not pursue all avenues ? It's not pleasant, but however much you dislike the club and it's Directors, they've done absolutely nothing wrong.

Quote:

---

Originally Posted by Citizen's Nephew

People can think what they like but I'll tell you straight what I would do/have done. I'd have already committed to the transfer so that money was already spent as far as I'm concerned. It's irrelevant as to 'who's money it is', it's a spreadsheet at the time of the deal. I'd have abided by the original ruling and sought to seek compensation afterwards. I wouldn't risk a transfer embargo. I wouldn't put the club in that position and neither would I want my club/business to look the way Cardiff City FC look right now.

Sure, it's not my money. There are enough people who know the type of person I am on here who know I'm not bull*tting when I say this stuff. I don't like this argument that 'it's Tan's money'. No! It may be Tan's business but that business is called Cardiff City Football Club and I live a mile away from it. We support its football team. This is visceral. It hurts and makes me feel ashamed.

Sh*t happens. Really bad sh*t happens. My view is you deal with it at the time and fairly and honourably. Move on, get on with it. We support a football team. I do not support this. It's why I'd make a sh*t politician because I believe in keeping to my agreements and doing the right thing. That is not always the same as the 'legal' thing. It works both ways.

---

Fair comment. But remember, we needed Tan at a time when the club could have gone under and regardless of how unethically you believe he has acted in this case, he is a very successful businessman who was never going to give this up without a fight. It may hurt to have the club's name dragged through the mud but we'll just have grin and bare it until this saga comes to an end.

Quote:

---

Originally Posted by Moodybluebird

Fair comment. But remember, we needed Tan at a time when the club could have gone under and regardless of how unethically you believe he has acted in this case, he is a very successful businessman who was never going to give this up without a fight. It may hurt to have the club's name dragged through the mud but we'll just have grin and bare it until this saga comes to an end.

---

I'd just add, that not once have I thought of this as a dislike of Tan. I agree with you about how important he's been for CCFC and am able to separate those issues. I'm genuinely worried that all that good work and support will come to nothing because of the way this has been handled. I'm actually really worried for the club.

Quote:

---

Originally Posted by A Quiet Monkfish

The club didn't get their player because of circumstances beyond their control and because of the actions of various other third parties. That he was a City player at the time of the accident has now been confirmed, but why on earth would any business with a potential £15 million or so loss pending, not pursue all avenues ? It's not pleasant, but however much you dislike the club and it's Directors, they've done absolutely nothing wrong.

---

As they were wrong to believe there was basis in them having the CAS decision find in their favour and as a consequence have not only dragged our club through the dirt but also now face greater restitution to pay in setting straight what should have been paid by now that's why.

Also I what the hell are you on about dislike the club? I note you put however much in there leaving it open but there is clear inference in my eyes there.

Let's get it ****ing straight I bloody love the city.

Quote:

---

Originally Posted by Citizen's Nephew

People can think what they like but I'll tell you straight what I would do/have done. I'd have already committed to the transfer so that money was already spent as far as I'm concerned. It's irrelevant as to 'who's money it is', it's a spreadsheet at the time of the deal. I'd have abided by the original ruling and sought to seek compensation afterwards. I wouldn't risk a transfer embargo. I wouldn't put the club in that position and neither would I want my club/business to look the way Cardiff City FC look right now.

Sure, it's not my money. There are enough people who know the type of person I am on here who know I'm not bull*tting when I say this stuff. I don't like this argument that 'it's Tan's money'. No! It may be Tan's business but that business is called Cardiff City Football Club and I live a mile away from it. We support its football team. This is visceral. It hurts and makes me feel ashamed.

Sh*t happens. Really bad sh*t happens. My view is you deal with it at the time and fairly and honourably. Move on, get on with it. We support a football team. I do not support this. It's why I'd make a sh*t politician because I believe in keeping to my agreements and doing the right thing. That is not always the same as the 'legal' thing. It works both ways.

---

You wouldn't it's easy to say it but you wouldn't.

If you bought your first house for £200K and the estate agent acting for the previous owner accidently burnt it down ten minutes before you moved in you wouldn't say to the previous owners, don't worry I'll pay I said I would so I will, it doesn't matter if the paperwork was incomplete I'll just pay the mortgage for the rest on my life and not have the house!

You'd fight it to the end, like Tan and everyone else would!

Quote:

---

Originally Posted by gabbsthenewt

As they were wrong to believe there was basis in them having the CAS decision find in their favour and as a consequence have not only dragged our club through the dirt but also now face greater restitution to pay in setting straight what should have been paid by now that's why.

Also I what the hell are you on about dislike the club? I note you put however much in there leaving it open but there is clear inference in my eyes there.

---

Maybe something in the resonance of your post..

Just counter sue this could go on indefinitely through the courts .. by then we will be champions of Europe and this will be small change ..

Or we could crowd fund it ??

Quote:

---

Originally Posted by Colin'sReversibleHat

https://www.cardiffcityfc.co.uk/news...atement-260822

"Cardiff City is disappointed by the decision of the Court of Arbitration in Sport.

Once the club’s lawyers have digested the reasons for the decision we expect to appeal and will not be making any payments to FC Nantes in the meanwhile.

If those appeals are unsuccessful and the club is liable to pay the transfer fee the club will take legal action against those responsible for the crash for damages to recover its losses.

All our thoughts must continue to be with Emiliano’s family, who are now supported financially by the Trust the club put in place for them."

Club's statement on the matter- perhaps unsurprisingly succinct and barbed.

---

We both lost out Nantes £15million and us the Striker that probably would have got the goals to keep us up, it's the organiser of the plane that need to pay up via his or the plane owners insurance.