DAILY TELEGRAPH: CARDIFF CITY ACCUSE FC NANTES

Exclusive: Cardiff City accuse Nantes of breaking Fifa rules over Emiliano Sala transfer
By Ben Rumsby and Harry Harris


Wednesday 17th April 2019


Cardiff City have accused Nantes of breaking Fifa rules over the tragic transfer of Emiliano Sala in their feud over his £15 million fee.


The Daily Telegraph can disclose details of the case Cardiff submitted to football’s world governing body on Monday to explain their withholding of the first instalment of the fee for the striker, who was killed in a plane crash almost three months ago.

As previously revealed by the Telegraph, the Premier League club told Fifa the deal they struck to buy the striker became “null and void” after he died because he signed a contract deemed non-compliant with Premier League rules and legally-binding clauses in their transfer agreement with Nantes had not been fulfilled.

But a source with knowledge of Cardiff’s submission confirmed yesterday it also accused Nantes of failing to disclose to Fifa’s Transfer Matching System that the agent Mark McKay had been acting for them in the deal.

Annexe 3 of the governing body’s Regulations on the Status and Transfer of Players (RSTP) states clubs must input the “club intermediary’s name and commission” into its TMS.


The source told the Telegraph: “The omission potentially impacts on the validity of the International Transfer Certificate and clearly constitutes a breach of Annexe 3 RSTP, rendering Nantes liable to sanction.”

The same regulations require the uploading of “a copy of the contract between the new club and the professional player”, something Cardiff were unable to do because Sala was killed before a revised one could be signed.

The source also revealed Cardiff’s submission to Fifa laid out the circumstances around Sala’s death and warned Nantes could be held vicariously liable for his plane crash.


The player’s fatal flight was booked by McKay’s father, Willie, who has also admitted helping his son conclude the transfer.


Article 1242 of the French Civil code states: “We are liable not only for the damage we cause by our own actions, but also for the damage caused by the actions of the people for whom we are responsible, or the things we have in our custody.”


Nantes, who ignored a written invitation from Cardiff for a meeting to resolve their feud over Sala’s transfer fee, declined to comment on whether they breached Fifa rules but indicated they would fight any attempt to hold them liable for his death.


McKay snr did not respond to requests for comment.

He has previously denied responsibility for Sala’s death, stating he had no input into the selection of the fatal flight’s pilot or aircraft.

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I'm sure someone will correct me if I'm wrong, but this report, if true, looks to strengthen City's case that (a) the transfer was not complete, and (b) that the McKay's could be vicariously liable for at least parts of the whole sorry saga?

Odd that FC Nantes ignored Cardiff's approach to discuss the issue at FIFA's request, too?

Wow , does look like there is more than enough to at least come to an agreement which is what it sounds Cardiff we’re looking at.
Were not Nantes in financial trouble as well before the sale?
They may need to careful what they wish for.
I’m sure fifa will be following legal advice and they will undoubtedly not wish to be tangled up in this.
My main wish would be that salas family is looked after financially and emotionally during the coming years.
Money could never replace a lost son but at least they should never have to worry financially again.

Wow , does look like there is more than enough to at least come to an agreement which is what it sounds Cardiff we’re looking at.
Were not Nantes in financial trouble as well before the sale?
They may need to careful what they wish for.
I’m sure fifa will be following legal advice and they will undoubtedly not wish to be tangled up in this.
My main wish would be that salas family is looked after financially and emotionally during the coming years.
Money could never replace a lost son but at least they should never have to worry financially again.

You suspect once liability is ascertained the insurance will come into play? After all its not about him its about whos responsible for his contract? May take time but sure be sorted