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As I understand it the claims before the court are that:
1. Within the context of French employment law Emiliano was still their employee at his time of death as the documents terminating his employment had not been lodged (or had been improperly lodged).
2. Given he was still their employee they owed him a duty of care that they neglected through their arrangements with a connected party to Nantes, i.e. the player agency involved and it's employee/representative who arranged an "illegal" flight.
3. As a result of Nantes negligence Cardiff City suffered financial losses, namely the transfer fee and related costs and the potential earnings from avoiding relegation from the Premier League.
Thanks. Makes me a bit uneasy if I’m honest that we are trying to exploit a loophole of whether his registration was properly completed. Especially as pinning our hopes on Nantes using a dodgy agent that we freely used ourselves at that time.
Mainly just feel for the family as this continues to drag on.
David
I understand your view but this isn't about footballer registration, it's French employment law and the potential consequences of failing to exercise a proper duty of care to an employee.
When we finally get to a judgement the Sala family lawyers will likely take their own action if the court takes the view that he was still Nantes' employee and they were negligent in their dealings with him, even if the financial end of Cardiff City's claim fails.
I would imagine any other club in the same circumstances would do exactly the same thing as Tan is currently doing, regardless of the ethical considerations.
Can you think of any club that wouldn’t , apart from Swansea City of course. They would be too preoccupied taking legal action against their former manager.
After all this time and with all the publicity surrounding the case it is amazing that someone can still be so ill informed. You have totally missed the point that Nantes and their (illegal ?) agent are alleged to have arranged the flight. It doesn't matter who Sala belonged to at the time of his death, if that fact is held to be true then Nantes were negligent and liable for City’s losses. Using this case to continually have a go at battering the club is ridiculous.
It has already been established in a separate case that Sala was City’s player at the time of his death. That is irrelevant in what is going on now. If Nantes and Mckay are found to have arranged the flight (which was illegal) and bearing in mind McKay was not a licensed agent in France at the time, then they were negligent and would be liable for City’s losses.
What is shameful is you continually quoting ‘facts’ that you have no idea whether they are true and using it to batter the club. If you bought an expensive car and paid for it in advance and then the garage arranged an unlicensed/illegal contractor to take it to you but it fell off the delivery lorry and was written off, you would sue the living daylights out of everybody you could to get your money back plus damages, loss of income, compensation and anything else your lawyer thought you could get. And yet, you expect us to believe that you would just shrug and say ‘cest la vie’ ? Nonsense.
We have not heard yet about the role that Warnock played in terms of pushing through this transfer and his dealings with the illegal agents.
It could be that UEFA go after him for conspiracy
Anyway. Nantes have until September to respond
The key point for me is they "have had to" - their statements imply they have cooperated - if so why has it taken court appearances to achieve this - all is of this stinks to high heaven and no one comes out with any grace and yet two people lost their lives but their memories get trampled on every single day - 5 years now and still no end in sight for them
What are you on about?
You’re defending a club trying to use a loophole to get out of paying for a player after a tragic accident because you happen to support that club.
He wasn’t Nantes player. It is irrelevant that they employed McKay and McKay then arranged the flight. He was an ex-employee of Nantes and the fact they employed McKay has zero relevance.
Comparing Sala to the delivery of a car, what a crass post. Also a completely wrong analogy. Take a look at yourself you embarrassment
You seem to miss the point completely. Cardiff City have already paid for the player and donated a significant sum to the Sala Trust Fund which significantly F C Nantes and the PFA declined to do so. The case revolves around whether Nantes in their dealings with Cardiff re. the Sala transfer employed an unlicenced agent which would be illegal in French law and materially determine the legitimacy of the transfer. Cardiff City are pursuing what their lawyers consider natural justice as they believe the club has been wronged and in that case want compensation for losses incurred. It is no different from me suing a dodgy Gumtree seller that has not delivered to me the goods I paid for.
I think you need to spend more time outside than inside the Birch!!