LEGAL CASE WOULD REST ON WHEN CONTRACT BECAME EFFECTIVE

Emiliano Sala: Nantes demand first tranche of transfer fee from Cardiff, who say it's premature
By Alice Tidey - 07/07/2019


Friday 8th February 2019


Cardiff FC and FC Nantes appear to be rowing over the payment of the transfer fee for the late Argentinian striker Emiliano Sala, who is believed to have died when the plane carrying him to Wales crashed in the English Channel.

The Welsh club told L'Equipe newspaper on Wednesday that Nantes had demanded a €6 million payment for part of Sala's transfer.



A Nantes FC source disputed the report to Euronews, saying that while Nantes had indeed issued a demand for payment, it had done so on January 21, before Sala's disappearance.

The club is said to be considering legal action to ensure the transfer fee is paid.


Suspensive conditions

Gianpaolo Monteneri, a Zurich-based sports lawyer, told Euronews that a legal case would rest on when the contract became effective.

Clubs are allowed to add "suspensive conditions" to transfer contracts, which would need to be "cumulatively fulfilled" in order for the contract to become effective, obliging the acquiring club to pay the transfer compensation to the selling club.


Potential suspensive conditions listed by Monteneri include:

- The player having signed a playing contract with the acquiring club;

- The player having passed the medical examination to the satisfaction of the acquiring club (this happens even before the playing contract is signed)

- The player being registered for the new club at the league of the acquiring club (this happens in the moment the playing contract is deposited before the league);

- The association of the acquiring club receiving from the association of the selling club the international transfer certificate (so-called ITC).

Less sophisticated contracts however would become effective as soon as they are signed by all the parties involved and thus trigger the transfer fee payment.


Insurance

What is also possible, Monteneri explained, "is that the acquiring club insures the risk of death and of permanent total disablement of the player in question."

"In such event, the acquiring club receives from the insurance company the payment of the amount that was insured" which could be used "for paying the transfer compensation to the selling club," he added.


It is unclear whether Cardiff FC and Nantes had worked in suspensive conditions or had confirmed insurance for the transfer.

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think its a bit late in the day to be suggesting he was not a Cardiff player.

every single media article for 2 weeks has stated Cardiff City player Emiliano Sala.

our club has invited and welcomed his family. we are offering to have his body taken to his family.


and as Annis said. if he wasn't one of ours what was last week all about.

It has turn into a fight this matter. Needs to be resolved in a good way.

It has turn into a fight this matter. Needs to be resolved in a good way.

its news papers with a big spoon , got some bloke to state the bleeding obvious about worse case scenarios and then present it as a possibility.

I think we will end up paying a settlement fee.