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Thread: CAS case

  1. #1

    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.

  2. #2

    Re: CAS case

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

  3. #3
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    Re: CAS case

    Quote Originally Posted by Rjk View Post
    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?

  4. #4

    Re: CAS case

    Quote Originally Posted by North Cardiff Blue View Post
    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

  5. #5
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    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/...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.

  6. #6

    Re: CAS case

    Quote Originally Posted by jon1959 View Post
    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/...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.

  7. #7
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    Re: CAS case

    Quote Originally Posted by jon1959 View Post
    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/...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 !!!

  8. #8

    Re: CAS case

    Quote Originally Posted by the other bob wilson View Post
    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-i...questions.html

  9. #9

    Re: CAS case

    Quote Originally Posted by North Cardiff Blue View Post
    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.

  10. #10

    Re: CAS case

    Quote Originally Posted by Pedro de la Rosa View Post
    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

  11. #11

    Re: CAS case

    Quote Originally Posted by The Lone Gunman View Post
    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.

  12. #12

    Re: CAS case

    Quote Originally Posted by the other bob wilson View Post
    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.

  13. #13

    Re: CAS case

    Quote Originally Posted by Rjk View Post
    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

  14. #14

    Re: CAS case

    Quote Originally Posted by Rjk View Post
    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.

  15. #15

    Re: CAS case

    Quote Originally Posted by dml1954 View Post
    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

  16. #16

    Re: CAS case

    Quote Originally Posted by Pedro de la Rosa View Post
    Tan isn’t going to pay though, let’s be honest
    What makes you say that?

  17. #17

    Re: CAS case

    Hasn't Dalman said that the money has been set aside to pay this should we lose?
    Im also under the impression that the CAS decision is final and not appealable, and the case only relates to the first installment and not the whole fee.

  18. #18

    Re: CAS case

    Quote Originally Posted by Rjk View Post
    What makes you say that?
    Because he's Vincent Tan. I'm pretty sure this isn't going to be a we lose, therefore we pay straight away situation.

  19. #19

    Re: CAS case

    this case should have all been heard by Friday if it all went to schedule.

    I wonder how long it typically makes to arrive at a decision

  20. #20

    Re: CAS case

    Any updates on the cas case?

  21. #21

    Re: CAS case

    nothing on the cas website, it can take weeks apparently

  22. #22

    Re: CAS case

    Quote Originally Posted by Rjk View Post
    nothing on the cas website, it can take weeks apparently
    Oh right fair enough cheers.

  23. #23
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    Re: CAS case

    Quote Originally Posted by Pedro de la Rosa View Post
    Because he's Vincent Tan. I'm pretty sure this isn't going to be a we lose, therefore we pay straight away situation.
    Vincent Tan will pay if the courts order it. Why are you so sure he won't?

  24. #24

    Re: CAS case

    Quote Originally Posted by Rjk View Post
    this case should have all been heard by Friday if it all went to schedule.

    I wonder how long it typically makes to arrive at a decision
    Could be sevearl months before a verdict is given unless CAS believe that the case is clear cut.

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