Cardiff could be docked points if they do not pay for Sala

Cardiff City could be docked points if they do not pay for Sala says legal expert


ITV WALES


Thursday 7th February 2019


FC Nantes have asked Cardiff for the first instalment of Sala's transfer fee which is more than two weeks late.

Cardiff run the risk of being docked Premier League points if they do not honour the £15million fee owed to Nantes for the transfer of Emiliano Sala, according to sports law expert Gianpaolo Monteneri.

Sala's flight from Nantes to Cardiff fell into the English Channel on January 21, just two days after the Argentinian striker's transfer to the Premier League club was announced.

Cardiff received a formal letter from Nantes on Tuesday asking for the first of three yearly instalments of the Sala transfer fee, understood to be £5.27m, to be paid within 10 days.

Bluebirds chairman Mehmet Dalman, in an interview with French newspaper L'Equipe, was reported as saying that he did not think Cardiff "said it was not going to pay".

But it is understood that Cardiff want to clarify "all the facts" surrounding the accident before honouring the contract.

However, Zurich-based lawyer Monteneri, has warned that Cardiff could be punished for not paying the transfer fee under the terms of the contract.

"If certain deadlines, which are mentioned in the transfer contract, are not met then these may trigger consequences for the club in question," Monteneri said.

"This can be from an admonishment right up to a withdrawal of league points.

"It is a very tricky situation as we are talking about a human tragedy and an important amount of money.

"It is a human case on one side, and on the other side for Nantes, a financial case and compensation that they are potentially not receiving.

"They have also lost a key player and for them it is a sporting effect as well that needs to be considered."

Cardiff have expressed "surprise" that Nantes made the transfer demand while attempts were underway in the English Channel to recover the bodies of Sala and pilot David Ibbotson.


But Monteneri says any legal dispute between the two clubs could end in the corridors of FIFA or even the Court of Arbitration for Sport.






CAS is an independent institution, based in the Swiss city of Lausanne, involved in resolving legal disputes in the world of sport.

"There are, in my opinion, two possible solutions," Monteneri said.

"The first one is that the parties have established to go to FIFA and, in such a case, the matter is submitted to the Players' Status Committee in the first instance, with the possibility of an appeal to CAS.

"But it also possible that the parties have decided to skip FIFA and go direct to the Court of Arbitration for Sport.

"For this kind matter of matter there is an obligation to go to football or sports-related bodies.

"It is also an advantage for the parties involved to go to a body that is specialised in football matters because they have a better understanding of the case and are far faster (in reaching decisions).

"I think it it very likely that Nantes will proceed to the end to have compensation in what is a unique case, and that the two clubs will sit on a table to find a suitable solution for all of them."

On Wednesday night, Dalman confirmed Nantes' request in a newspaper interview, saying: "The only thing I can say because it is a sensitive subject is that I confirm that what you are saying is true.

"And to be honest, I do not want to say anything more in the state.

"The first thing is that the body has not been recovered yet. We must show respect to the family.

"There is the process of recovering the plane. It's too early for us to comment.

"When we think it's the right time to do it (we will comment). I do not think the Cardiff club said it was not going to pay."

It has been reported that Cardiff had up to £16m insurance on Sala, 28, yet may still incur excess when it comes to covering his three-and-a-half-year contract and the lost revenue that was anticipated for their club-record signing.



Ligue 1 club Nantes have not made any comment on the matter.

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I don't believe for a minute that we not pay,a contract was signed,but the timing of this statement, leaves a bitter taste in my mouth very callous from nantes imo,god only knows how sala's family will view this,Putting £ before her son is declared deceased,or missing presumed lost in the sea,I have to stop typing,as tmy blood is beginning to boil

I think it's disgraceful that Nantes expect us to shell out £15 mill fee when NEITHER of us are able to benefit from it, they've lost their star striker, we haven't gained the lad, even stevens not meaning to sound disrespectful but I am in agreement, until everything has been resolved we should not pay a penny.

RIP Emiliano.

It’s down to the PL to decide if we get docked points certainly not some lawyers from a different country!!

I think it's disgraceful that Nantes expect us to shell out £15 mill fee when NEITHER of us are able to benefit from it, they've lost their star striker, we haven't gained the lad, even stevens not meaning to sound disrespectful but I am in agreement, until everything has been resolved we should not pay a penny.

RIP Emiliano.

Disagree, we agreed to pay the £15m, realistically Nantes would still have their player if we had not. However, the timing to come out with such a demand is a bit off to say the least

I think it's disgraceful that Nantes expect us to shell out £15 mill fee when NEITHER of us are able to benefit from it, they've lost their star striker, we haven't gained the lad, even stevens not meaning to sound disrespectful but I am in agreement, until everything has been resolved we should not pay a penny.

RIP Emiliano.

how can a club losing one of if not its best players be even steven ?

Cardiff City run the risk of being docked Premier League points if they do not honour the £15million fee owed to Nantes for the transfer of Emiliano Sala, according to sports law expert Gianpaolo Monteneri.

Sala's flight from Nantes to Cardiff fell into the English Channel on January 21, just two days after the Argentinian striker's transfer to the Premier League club was announced.

Cardiff received a formal letter from Nantes on Tuesday asking for the first of three yearly instalments of the Sala transfer fee, understood to be £5.27m, to be paid within 10 days.

Bluebirds chairman Mehmet Dalman, in an interview with French newspaper L'Equipe, was reported as saying that he did not think Cardiff "said it was not going to pay".

But it is understood that Cardiff want to clarify "all the facts" surrounding the accident before honouring the contract.

This whole situation began with money, and now concludes all about money. Disgraceful by Nantes, just when friendship seemed to be breaking out. Sorry for the Sala family as Emeiliano is still not declared dead. Route of all evil. Hope City just pay it soon now.

I don't believe for a minute that we not pay,a contract was signed,but the timing of this statement, leaves a bitter taste in my mouth very callous from nantes imo,god only knows how sala's family will view this,Putting £ before her son is declared deceased,or missing presumed lost in the sea,I have to stop typing,as tmy blood is beginning to boil

this BLOKE Monteri is not Nantes lawyer
and this is not a Nantes statement.

I think it's disgraceful that Nantes expect us to shell out £15 mill fee when NEITHER of us are able to benefit from it, they've lost their star striker, we haven't gained the lad, even stevens not meaning to sound disrespectful but I am in agreement, until everything has been resolved we should not pay a penny.

RIP Emiliano.

how can a club losing one of if not its best players be even steven ?

Because neither of us have Emiliano, maybe I am looking at it from a different point of view, for example if I bought a new TV from Currys that I hadn't yet paid for If it was broken in transition I wouldn't expect to pay for it when it arrived, again I don't mean to sound disrespectful with my example, I'm like all our fans, at a loss to what has happened these last 2 weeks, it's been a nightmare.

Has any club been docked points for failing to pay on a transfer? Normal punishment is transfer embargo! City are not saying won't pay just postpone payment big difference and expect some sort of arbitration will be done, but still poor from Nantes in timing.

I think it's disgraceful that Nantes expect us to shell out £15 mill fee when NEITHER of us are able to benefit from it, they've lost their star striker, we haven't gained the lad, even stevens not meaning to sound disrespectful but I am in agreement, until everything has been resolved we should not pay a penny.

RIP Emiliano.

how can a club losing one of if not its best players be even steven ?

Because neither of us have Emiliano, maybe I am looking at it from a different point of view, for example if I bought a new TV from Currys that I hadn't yet paid for If it was broken in transition I wouldn't expect to pay for it when it arrived, again I don't mean to sound disrespectful with my example, I'm like all our fans, at a loss to what has happened these last 2 weeks, it's been a nightmare.

the trouble is the transition as you put it had taken place 3 days prior. using your awful example ,you get the tv,it works, then it gets broke while transporting it elsewhere, you owe currys the money.

Well say Monteneri. Cardiff hide behind sensitive. We sell you pay.

Nantes are absolutely entitled to the cash. That is not imo in question. THe issue is that if we pay out there could be a case where the insurance decide not to pay us back possibly. The body has not yet been recovered/identified therefore he is still missing which in itself causes problems. I think it would be reasonable for Nantes to say yes we want the money but we appreciate there may be a few delays while the legalities/formalities are sorted out

I think it's disgraceful that Nantes expect us to shell out £15 mill fee when NEITHER of us are able to benefit from it, they've lost their star striker, we haven't gained the lad, even stevens not meaning to sound disrespectful but I am in agreement, until everything has been resolved we should not pay a penny.

RIP Emiliano.

how can a club losing one of if not its best players be even steven ?

Because neither of us have Emiliano, maybe I am looking at it from a different point of view, for example if I bought a new TV from Currys that I hadn't yet paid for If it was broken in transition I wouldn't expect to pay for it when it arrived, again I don't mean to sound disrespectful with my example, I'm like all our fans, at a loss to what has happened these last 2 weeks, it's been a nightmare.

the trouble is the transition as you put it had taken place 3 days prior. using your awful example ,you get the tv,it works, then it gets broke while transporting it elsewhere, you owe currys the money.

Fair point.

Le Monde I think to be frank you have been quite tasteless with your posts. A man has more than likely died and all you can post about is money. Actually now. One man has definitely died and one is likely dead. This is a unique and dreadfully tragic situation where there are many issues to deal with.

This part doesn’t really make sense

"It is a very tricky situation as we are talking about a human tragedy and an important amount of money.

"It is a human case on one side, and on the other side for Nantes, a financial case and compensation that they are potentially not receiving.

"They have also lost a key player and for them it is a sporting effect as well that needs to be considered."

This makes out that Nantes have lost a key player they lost him either way as he was moving on, they have at the moment lost out in a 1st payment that Cardiff will pay once everything is sorted out, Cardiff have lost out on a key player.

Yet another 3rd party adding their 2p to get their own 5 mins of fame

This part doesn’t really make sense

"It is a very tricky situation as we are talking about a human tragedy and an important amount of money.

"It is a human case on one side, and on the other side for Nantes, a financial case and compensation that they are potentially not receiving.

"They have also lost a key player and for them it is a sporting effect as well that needs to be considered."

This makes out that Nantes have lost a key player they lost him either way as he was moving on, they have at the moment lost out in a 1st payment that Cardiff will pay once everything is sorted out, Cardiff have lost out on a key player.

Yet another 3rd party adding their 2p to get their own 5 mins of fame

had Cardiff paid the initial 5 mill as agreed ,Nantes could if they chose have bought a player with that money.?

This part doesn’t really make sense

"It is a very tricky situation as we are talking about a human tragedy and an important amount of money.

"It is a human case on one side, and on the other side for Nantes, a financial case and compensation that they are potentially not receiving.

"They have also lost a key player and for them it is a sporting effect as well that needs to be considered."

This makes out that Nantes have lost a key player they lost him either way as he was moving on, they have at the moment lost out in a 1st payment that Cardiff will pay once everything is sorted out, Cardiff have lost out on a key player.

Yet another 3rd party adding their 2p to get their own 5 mins of fame

had Cardiff paid the initial 5 mill as agreed ,Nantes could if they chose have bought a player with that money.?

If the payment was due after deadline day then how would they buy another player? Also if they wanted to replace Sala they had the same amount of time as Cardiff to do so before the end of the window.... unfortunately business must go on, Cardiff haven’t said we’re not paying, they said we will pay once the investigation is complete and we know what is what

I don't believe for a minute that we not pay,a contract was signed,but the timing of this statement, leaves a bitter taste in my mouth very callous from nantes imo,god only knows how sala's family will view this,Putting £ before her son is declared deceased,or missing presumed lost in the sea,I have to stop typing,as tmy blood is beginning to boil

this BLOKE Monteri is not Nantes lawyer
and this is not a Nantes statement.

I was going on the news,that NANTES would seek action if first instalment is not paid,within the next ten days? I was referring to the callousness of them demanding payment ,whilst the recovery of a body,whoevers it may be is at a very delicate stage,and was thinking how I would react,if I were a family member of sala's or Ibbotson leaves a bitter taste nonetheless

Sports law expert claims Cardiff City 'could be docked points' over Emiliano Sala transfer wrangle -


By Tom Coleman / Media Wales

Thursday 7th February 2019


Cardiff City run the risk of being docked points if they do not honour the £15million fee owed to Nantes for the transfer of Emiliano Sala, report the Press Association.

The national news agency have canvassed the views of sports law expert Gianpaolo Monteneri.

Sala's flight from Nantes to Cardiff fell into the English Channel on January 21, just two days after the Argentinian striker's transfer to the Premier League club was announced.

Cardiff received a request from Nantes last week asking for the first of three yearly instalments of the Sala transfer fee, understood to be £5m. They followed it up with another this week.

Bluebirds chairman Mehmet Dalman, in an interview with French newspaper L'Equipe, was reported as saying that he did not think Cardiff "said it was not going to pay".


But Cardiff want to clarify "all the facts" surrounding the accident before honouring the contract.

However, Zurich-based lawyer Monteneri, who was head of FIFA's Players' Status Department from 1997-2005 before setting up his own firm specialising in international sports law, has warned that Cardiff could be punished for not paying the transfer fee under the terms of the contract.




"If certain deadlines, which are mentioned in the transfer contract, are not met then these may trigger consequences for the club in question," Monteneri told Press Association Sport.

"This can be from an admonishment right up to a withdrawal of league points.

"It is a very tricky situation as we are talking about a human tragedy and an important amount of money.

"It is a human case on one side, and on the other side for Nantes, a financial case and compensation that they are potentially not receiving.

"They have also lost a key player and for them it is a sporting effect as well that needs to be considered."

Cardiff have expressed "surprise" that Nantes made the transfer demand while attempts were underway in the English Channel to recover the bodies of Sala and pilot David Ibbotson.

One body has been recovered from the wreckage of the aircraft, which is on the seabed 21 miles off the coast of Guernsey.

But the two clubs now appear locked in a legal dispute, one which Monteneri says could end in the corridors of FIFA or even the Court of Arbitration for Sport.

CAS is an independent institution, based in the Swiss city of Lausanne, involved in resolving legal disputes in the world of sport.

"There are, in my opinion, two possible solutions," Monteneri told Press Association Sport.


"The first one is that the parties have established to go to FIFA and, in such a case, the matter is submitted to the Players' Status Committee in the first instance, with the possibility of an appeal to CAS.

"But it also possible that the parties have decided to skip FIFA and go direct to the Court of Arbitration for Sport.

"For this kind matter of matter there is an obligation to go to football or sports-related bodies.

"It is also an advantage for the parties involved to go to a body that is specialised in football matters because they have a better understanding of the case and are far faster (in reaching decisions).

"I think it it very likely that Nantes will proceed to the end to have compensation in what is a unique case, and that the two clubs will sit on a table to find a suitable solution for all of them."

Has any club been docked points for failing to pay on a transfer? Normal punishment is transfer embargo! City are not saying won't pay just postpone payment big difference and expect some sort of arbitration will be done, but still poor from Nantes in timing.

I believe that FIFA introduced a revision to their statutes, (article 64 I think) last year which outlined how FIFA would deal with clubs would failed to pay monies, or debts, to other football clubs. The revised procedure gives FIFA the power to fine clubs, deduct points from clubs and impose transfer bans on clubs who fail to pay once instructed to do so by FIFA.

However this would only happen after the matter has been before the CAS should clubs decide to go that way, and will include a Final period of 90 days to pay before any sanction is imposed on clubs.

Last summer 3 clubs were sanctioned by FIFA 2 from Qatar and 1 from UAE and in all cases the clubs were fined 30,000 Swiss Francs, deducted 6 points plus a transfer ban for two transfer windows, but ONLY if they failed to meet the FINAL deadline.

We are a long long way from any potential fine, points deduction or transfer ban so not much to worry about at this moment.

I don't understand the issue with the player's contract. If Sala is dead, which seems unfortunately to be the case, why does the contract have to be honoured? Or am I misreading that?

Non story, move on everyone.....

My blood is beginning to boil

Has any club been docked points for failing to pay on a transfer? Normal punishment is transfer embargo! City are not saying won't pay just postpone payment big difference and expect some sort of arbitration will be done, but still poor from Nantes in timing.

I believe that FIFA introduced a revision to their statutes, (article 64 I think) last year which outlined how FIFA would deal with clubs would failed to pay monies, or debts, to other football clubs. The revised procedure gives FIFA the power to fine clubs, deduct points from clubs and impose transfer bans on clubs who fail to pay once instructed to do so by FIFA.

However this would only happen after the matter has been before the CAS should clubs decide to go that way, and will include a Final period of 90 days to pay before any sanction is imposed on clubs.

Last summer 3 clubs were sanctioned by FIFA 2 from Qatar and 1 from UAE and in all cases the clubs were fined 30,000 Swiss Francs, deducted 6 points plus a transfer ban for two transfer windows, but ONLY if they failed to meet the FINAL deadline.

We are a long long way from any potential fine, points deduction or transfer ban so not much to worry about at this moment.

Thanks for that info! Cannot see city going as far as getting points deduction may go to cas but depending on ruling city will pay what is due at time as they say not refusing to pay but they are withholding the money until more info is available.

Football leagues corrupt

This part doesn’t really make sense

"It is a very tricky situation as we are talking about a human tragedy and an important amount of money.

"It is a human case on one side, and on the other side for Nantes, a financial case and compensation that they are potentially not receiving.

"They have also lost a key player and for them it is a sporting effect as well that needs to be considered."

This makes out that Nantes have lost a key player they lost him either way as he was moving on, they have at the moment lost out in a 1st payment that Cardiff will pay once everything is sorted out, Cardiff have lost out on a key player.

Yet another 3rd party adding their 2p to get their own 5 mins of fame

had Cardiff paid the initial 5 mill as agreed ,Nantes could if they chose have bought a player with that money.?

If the payment was due after deadline day then how would they buy another player? Also if they wanted to replace Sala they had the same amount of time as Cardiff to do so before the end of the window.... unfortunately business must go on, Cardiff haven’t said we’re not paying, they said we will pay once the investigation is complete and we know what is what

i was of the opinion we had payed the 5 mill the day after he signed..was then told on here that the payment had then been frozen ..

Nothing to see here, move on everyone..

I think it's disgraceful that Nantes expect us to shell out £15 mill fee when NEITHER of us are able to benefit from it, they've lost their star striker, we haven't gained the lad, even stevens not meaning to sound disrespectful but I am in agreement, until everything has been resolved we should not pay a penny.

RIP Emiliano.

No its not mate. We signed him, we owe them £15m, that's not in dispute. Cardiff are stalling whilst they iron out some legal and insurance issues.