THE CAS AGREES WITH FC NANTES

[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.

[driver blue]

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 ?

[JumpersforGoalposts]

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.

[Mario Miethig]

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.

[Harry Lime]

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

[splott parker]

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.

[the other bob wilson]

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

Especially when the argument that he wasn’t our player was based on us cocking up.

[Moodybluebird]

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.

[Citizen's Nephew]

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.

[blue matt]

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.

no business is going to hand over 15 mill without a fight though, no-one in her right mind would expect them to,

[gabbsthenewt]

no business is going to hand over 15 mill without a fight though, no-one in her right mind would expect them to,

Unless whoever this her is had actually purchased and announced the signing of a player to media and on their own media channels complete with pictures of the contracts being signed by the player. Then should she be in her right mind you'd contend she'd be an idiot to fight that they shouldn't pay on the strength of that they hadn't registered them to play in any one competition, a secondary matter to the actual question as to whether or not you had completed the signing as has been ruled on, and then ruled on again on appeal.

[Citizen's Nephew]

no business is going to hand over 15 mill without a fight though, no-one in her right mind would expect them to,

In all fairness Matt, nobody ever was being asked to hand over any money without a fight. It was a deal (we've got the pictures and everything) The fight came about because of an awful tragedy. It didn't need to no matter what anybody says. Anyway, this'll just trundle along now. Shame, because I think this, and all the time/costs has really damaged us and we'll take a long time to recover. Not sure if that'll even be possible under the current ownership which also worries me.

[life on mars]

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 ??

[Citizen's Nephew]

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 ??

We are the f*cking crowd! Nobody else would lift a finger for us now.

[Undercoverinwurzelland]

One thing's for certain anyway - it's more good news for the lawyers.

[G rangetown Blue]

So, does Cardiffs insurance pay Nantes…then sue the agent. Or do the club pay Nantes…. and sue the agent ?

[JumpersforGoalposts]

So, does Cardiffs insurance pay Nantes…then sue the agent. Or do the club pay Nantes…. and sue the agent ?

It looks like there was no insurance cover in place.
CCFC pay Nantes.
CCFC sue who they think they can prove are culpable for Sala's death and have sufficient assets to make it worthwhile (which is probably nobody).

[G rangetown Blue]

It looks like there was no insurance cover in place.
CCFC pay Nantes.
CCFC sue who they think they can prove are culpable for Sala's death and have sufficient assets to make it worthwhile (which is probably nobody).

Ultimately, Cardiff City we’re in no way responsible for his death, and although I’ve not met any Cardiff fan who think Nantes (and Bordeaux) should lose out, it’s who should pay them is the question.

[Hilts]

So, does Cardiffs insurance pay Nantes…then sue the agent. Or do the club pay Nantes…. and sue the agent ?

What insurance?

[G rangetown Blue]

What insurance?

If Cardiff City have no insurance (I don’t know), then they will sue the agent for any costs incurred I guess.

Like someone said…the lawyers must be rubbing their hands.

[A Quiet Monkfish]

What insurance?

I know this sounds distasteful, but Sala was an asset and not just an employee. With players making up by far the largest proportion of assets the club can have, I'm sure they would have been insured. Whether Sala was insured is another matter

[JumpersforGoalposts]

I know this sounds distasteful, but Sala was an asset and not just an employee. With players making up by far the largest proportion of assets the club can have, I'm sure they would have been insured. Whether Sala was insured is another matter

It's always possible he was insured but that the accident falls foul of an exclusion clause, e.g. taking a non commercial flight.
Either way it seems that there is no insurance to make a valid claim against.

[A Quiet Monkfish]

It's always possible he was insured but that the accident falls foul of an exclusion clause, e.g. taking a non commercial flight.
Either way it seems that there is no insurance to make a valid claim against.

Right, so effectively invalidated any possible claim. Makes sense.

[Des Parrot]

I know this sounds distasteful, but Sala was an asset and not just an employee. With players making up by far the largest proportion of assets the club can have, I'm sure they would have been insured. Whether Sala was insured is another matter

I honestly think this is the crux of the matter. My experience of insurance companies is that they’ll try everything possible not to pay out. There are enough tenuous pieces to this case that it makes me believe there are plenty of get out clauses. Was he an asset at the time? Was the transport approved under the terms of the contract? I’ve done a reasonable amount on employment contract law to know there are plenty of loop holes to be found.

[G rangetown Blue]

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.

I’ve been to few Nantes games since this happened, and thankfully the Nantais do not hold Cardiff City responsible for any of this, but lay the blame at feet of their owner (who they despise for “selling Emi like a dog”), and insurance companies withholding payments until someone is held responsible for his death. The agent was found guilty of causing his death a few days ago, and therefore should pay for his actions.