Updated: Trust and media meetings with Mehmet Dalman

[Father Dougal]

the CAS rules that they weren't the proper court to rule on Cardiff's counterclaim that Nantes negligence caused the death and they should be accountable to Cardiff for the full value of the money owing to them (or legalese something along those lines), so Cardiff's next step would be to find a court that is able to make a judgement on that claim

So sporting wise CAS was the final final thing?

We are talking about counter claims for negligence now which isn't a sporting issue.

Sporting wise its finalised he was our player and we had to pay. That is that. We lost.

It's a different argument and case now?

[Nobody's Rep]

The deal was £15 million to be paid in three equal instalments, none of which were performance-related.

It’s very common for a fee to be paid in instalments over the period of a player’s contract. Standard practice these days and has been for a long time.

Cheers

[Rjk]

So sporting wise CAS was the final final thing?

We are talking about counter claims for negligence now which isn't a sporting issue.

Sporting wise its finalised he was our player and we had to pay. That is that. We lost.

It's a different argument and case now?

no it appears that you can appeal CAS decisions to the Federal Supreme court of Switzerland. although these are usually for procedural issues

[SLUDGE FACTORY]

People with lots of money don't like losing it or giving any away

Hence the stupidity of all this

[logic]

no it appears that you can appeal CAS decisions to the Federal Supreme court of Switzerland. although these are usually for procedural issues

I seem t remember someone saying somewhere that Sala could not have been a Cardiff player as under French law, he was still a Nantes player - in French employment law, someone remains treated as an employee until all money due to them is paid. If that was the case, then I can see why CAS wouldn't want to touch it with a bargepole, as it would open a massive can of worms - sporting regulations vs national laws.

[Rjk]

I seem t remember someone saying somewhere that Sala could not have been a Cardiff player as under French law, he was still a Nantes player - in French employment law, someone remains treated as an employee until all money due to them is paid. If that was the case, then I can see why CAS wouldn't want to touch it with a bargepole, as it would open a massive can of worms - sporting regulations vs national laws.

yeah it's a strange scenario, sports do seem to think they operate in isolation from national laws, but clearly they don't, as the bosman ruling showed.

the timing of this is interesting as well - why wasn't this ruling applied when we first didn't pay up?

[The Lone Gunman]

no it appears that you can appeal CAS decisions to the Federal Supreme court of Switzerland. although these are usually for procedural issues

The following is from a report of a meeting between fans reps and the club's top brass in late-December:

"The Swiss Federal Tribunal will only consider an appeal of a CAS decision if it can be shown that there was a fundamental legal mistake, error or omission in reaching their decision. The SFT cannot overturn the football decision that the Sala transfer was complete and that the transfer fee is payable, but may rule that any payment is deferred until a successful counterclaim for financial loss arising from the sad demise of Emiliano Sala is settled."

Basically, the club has exhausted its sporting options (FIFA and CAS), hence the sporting sanctions are being applied by FIFA (sanctions subsequently lifted after the first instalment was paid) and the EFL.

Perhaps if the SFT rules in City's favour, the EFL embargo might be lifted on a technicality of some sort. This may also be why the embargo hasn't been published on the EFL website yet. However, as things stand, City have been found by both FIFA and the CAS to be liable for the transfer fee, hence the sporting sanctions for late payment.

[The Lone Gunman]

the timing of this is interesting as well - why wasn't this ruling applied when we first didn't pay up?

Presumably because City had the right of appeal to FIFA (failed) and then the CAS (failed). The SFT seems only to deal with questions of law rather than sport.

[Des Parrot]

It seems that the SFT rarely overturn CAS, a handful of cases in 40 years, and in most cases the SFT side with the decision of the original body, i.e. where CAS have overturned a ruling. They have some big challenges from FIFA & IOC going on at the moment. History says they’ll back the CAS decision but VT likes a gamble :)

[The Lone Gunman]

It seems that the SFT rarely overturn CAS, a handful of cases in 40 years, and in most cases the SFT side with the decision of the original body, i.e. where CAS have overturned a ruling. They have some big challenges from FIFA & IOC going on at the moment. History says they’ll back the CAS decision but VT likes a gamble :)

According to Wiki (not the most reliable I know, but still....):

"Decisions of arbitral tribunals constituted under Swiss law, such as the Court of Arbitration for Sport, can be appealed to the Federal Supreme Court, although judicial review is limited to a very narrow set of questions of law in such cases."

Considering the time it took for the CAS decision to be reached, I guess it would be very surprising if that decision was somehow overturned. But City seem to love paying lawyers, so on it goes.

[Des Parrot]

According to Wiki (not the most reliable I know, but still....):

"Decisions of arbitral tribunals constituted under Swiss law, such as the Court of Arbitration for Sport, can be appealed to the Federal Supreme Court, although judicial review is limited to a very narrow set of questions of law in such cases."

Considering the time it took for the CAS decision to be reached, I guess it would be very surprising if that decision was somehow overturned. But City seem to love paying lawyers, so on it goes.

The few I’ve found all have the same basis, that CAS “weren’t competent to make the decision”. The question set may be based on the expertise of CAS in the field of decision making on specific topics

[Baloo]

Does anybody know whether the Sala Family Trust Fund is up-and-running and if so how it’s helped the family? I’ve seen occasional references to it.