Confirmed: Emiliano Sala Verdict goes against City

[bluelover]

UPDATED:

Cardiff City had denied Emiliano Sala was their player.

The CAS has completely rejected the appeal lodged by Cardiff City and has confirmed the decision rendered by FIFA on September 25, 2019, concerning the transfer of player Emiliano Sala.

The court therefore ruled, as FC Nantes had argued since the start of the proceedings, that the player's transfer to Cardiff City was over when he died tragically in an aviation accident.

Consequently, the CAS ordered Cardiff City to pay the transfer fee to FC Nantes and sentenced Cardiff to a historically high sum, in respect of procedural costs and arbitration costs.



CONFIRMED:

CAS dismisses the appeal filed by Cardiff City FC and confirms that the transfer of Emiliano Sala had been fully completed prior to his death





[NEWS] The Court of Arbitration for Sport rules entirely in favor of the
@FCNantes






CARDIFF CITY FC:


Club statement:

Cardiff City is disappointed by the decision of the Court of Arbitration in Sport.

Once the club’s lawyers have digested the reasons for the decision we expect to appeal and will not be making any payments to FC Nantes in the meanwhile.

If those appeals are unsuccessful and the club is liable to pay the transfer fee the club will take legal action against those responsible for the crash for damages to recover its losses.




THis is all over twitter.

[NEWS] The Court of Arbitration for Sport rules entirely in favor of the
@FCNantes


And against the Cardiff City club and confirms the FIFA decision of 2019 stands and Cardiff City must pay Nantes the transfer fee for
the player Emiliano Sala who died tragically in an accident. aircraft in 2019

Cardiff City had originally lost the case and had appealed.


Cardiff City with court costs will have to pay between €17mill €20mill



Confirmed by FC Nantes

https://www.fcnantes.com/articles/artic ... ?num=40668

[M4 Exile]

Time to counter sue for lost earnings from the Premier League then as their representative was responsible for the death of our player.



viewtopic.php?f=2&t=204226

[Wayne S]

I think this was always the likely outcome.

Pay Nantes and then sue everyone involved in arranging the fatal flight.

Any litigation will only see us in a bad light with other fans though, but suing is the right thing to do.

[GrangeEndStar]

Doesn't appear to have hit the news wires yet but it is on the CAS website along with a pdf statement.

https://www.tas-cas.org/en/general-info ... o-sala-ha/

[wez1927]

I wonder how this is going to play out ,will cardiff counter sue in a civil court in France? .as I believe the appeal was just about the fifa case ? .

[wez1927]

I think this was always the likely outcome.

Pay Nantes and then sue everyone involved in arranging the fatal flight.

Any litigation will only see us in a bad light with other fans though, but suing is the right thing to do.

I think suing is the only option.

[1980s Bluebird]

And rightly so he was a Cardiff City player
Rest in Peace Emiliano

[Forever Blue]

Sadly it was always going to happen as he was registered with the Welsh FA

Did not matter that he was not registered with the Prem proper as that’s a competition.

The good news is the Regime has always maintained the money was put aside.

The whole affair is gutting

[Wayne S]

I think this was always the likely outcome.

Pay Nantes and then sue everyone involved in arranging the fatal flight.

Any litigation will only see us in a bad light with other fans though, but suing is the right thing to do.

I think suing is the only option.

The arbitration press release states that the ruling only considers the initial installment of 6 million euros and that they could not legally comment on the case against Nantes for cause of death.

Would seem CAS are suggesting a lawsuit for cause of death may be forthcoming.

[wez1927]

I think this was always the likely outcome.

Pay Nantes and then sue everyone involved in arranging the fatal flight.

Any litigation will only see us in a bad light with other fans though, but suing is the right thing to do.

I think suing is the only option.

The arbitration press release states that the ruling only considers the initial installment of 6 million euros and that they could not legally comment on the case against Nantes for cause if death.

Would seem CAS are suggesting a lawsuit for cause of death may be forthcoming.

I think that could be the case

[M4 Exile]

Club statement:

Cardiff City is disappointed by the decision of the Court of Arbitration in Sport.

Once the club’s lawyers have digested the reasons for the decision we expect to appeal and will not be making any payments to FC Nantes in the meanwhile.

If those appeals are unsuccessful and the club is liable to pay the transfer fee the club will take legal action against those responsible for the crash for damages to recover its losses.

All our thoughts must continue to be with Emiliano’s family, who are now supported financially by the Trust the club put in place for them.

[Forever Blue]

I read that as a 6 million instalment to be paid ( plus costs) then any further legals goes outside CAS and FIFA on who was responsible for his death. This is going get very messy isn’t it? Least the monies are in a escrow account and separate now from club finances. ( ex costs)

[M4 Exile]

I read that as a 6 million instalment to be paid ( plus costs) then any further legals goes outside CAS and FIFA on who was responsible for his death. This is going get very messy isn’t it? Least the monies are in a escrow account and separate now from club finances. ( ex costs)

By the time it’s over the club won’t be out of pocket. Will have an incredibly bad public image with uninformed fans of other teams however who have only read headlines saying that Cardiff are refusing to pay and not the reasons why.

[M4 Exile]

The announcement by Nantes is pretty despicably editorialised compared to what the CAS has put out.

[wez1927]

I read that as a 6 million instalment to be paid ( plus costs) then any further legals goes outside CAS and FIFA on who was responsible for his death. This is going get very messy isn’t it? Least the monies are in a escrow account and separate now from club finances. ( ex costs)

By the time it’s over the club won’t be out of pocket. Will have an incredibly bad public image with uninformed fans of other teams however who have only read headlines saying that Cardiff are refusing to pay and not the reasons why.

We got a bad image anyway so bugger it why should we loss a player and 20 million for something that wasn't our fault ?

[Igovernor]

The announcement by Nantes is pretty despicably editorialised compared to what the CAS has put out.

The CAS has completely rejected the appeal lodged by Cardiff City and has confirmed the decision rendered by FIFA on September 25, 2019, concerning the transfer of player Emiliano Sala.

The court therefore ruled, as FC Nantes had argued since the start of the proceedings, that the player's transfer to Cardiff City was over when he died tragically in an aviation accident.

Consequently, the CAS ordered Cardiff City to pay the transfer fee to FC Nantes and sentenced Cardiff to a historically high sum, in respect of procedural costs and arbitration costs.

FC Nantes is delighted that this procedure – initiated by Cardiff City then delayed on numerous occasions by Cardiff City – which has been difficult for all those close to Emiliano, is finally over.

The Club hopes that this will mark the end of the public misinformation campaign, which the FCN has never reacted to, out of respect for the player's family.

[M4 Exile]

I read that as a 6 million instalment to be paid ( plus costs) then any further legals goes outside CAS and FIFA on who was responsible for his death. This is going get very messy isn’t it? Least the monies are in a escrow account and separate now from club finances. ( ex costs)

By the time it’s over the club won’t be out of pocket. Will have an incredibly bad public image with uninformed fans of other teams however who have only read headlines saying that Cardiff are refusing to pay and not the reasons why.

We got a bad image anyway so bugger it why should we loss a player and 20 million for something that wasn't our fault ?

I do agree with you. In fact as the case has gone on I’ve seen more and more fans of other clubs realise the truth as more details have become public.

If I recall correctly we offered to pay half of the fee just to settle the case and Nantes rejected it?

[wez1927]

I read that as a 6 million instalment to be paid ( plus costs) then any further legals goes outside CAS and FIFA on who was responsible for his death. This is going get very messy isn’t it? Least the monies are in a escrow account and separate now from club finances. ( ex costs)

I dont think cas have a legal authority to decide if nantes are liable for damages over his death and that would be a civil court in France instead? Why should city have to loss 20 million when the inquest has now said the plane was illegal flight?

[wez1927]

So just been on sky news ,cardiff appealing the decision and suing everyone who was involved in the plane crash also suing nantes for damages too .

[wez1927]

Cardiff City is disappointed by the decision of the Court of Arbitration in Sport.
The award fails to decide the crucial question of FC Nantes (and its agents)’ liability for the crash, which will therefore have to be decided in another forum.

Once the club’s lawyers have digested the reasons for the decision we expect to appeal and will not be making any payments to FC Nantes in the meanwhile.

If those appeals are unsuccessful and the club is liable to pay the transfer fee the club will take legal action against those responsible for the crash for damages to recover its losses. This will include FC Nantes, and its agents.

All our thoughts must continue to be with Emiliano’s family, who are now supported financially by the Trust the club put in place for them.

[JulesK]

Nantes would come out with that as they know they've dodged one here so far, I hope the club sues all involved but no doubt most have hid their money by now.

RIP ES.

[piledriver64]

This is far from over and why we’ve taken it this far.

It’s also why the coroner and other court findings on liability are important as it opens up a a pretty secure line of litigation for the club which will, likely, result in significant amounts of this judgment being recouped from the other liable parties.

It’s horrible that it’s got to this point but very necessary as even the most biased against the club have to accept that there is no way this club should be the only ones losing financially from this tragedy.

That said, the biggest losers are the family, have FC Nantes done anything to assist them ? Cardiff have and he was only our player for 24 hours.

The biggest problem for us is likely to be some of those who are liable will declare themselves bankrupt although I would hope in that instance they would be covered by insurance policies of those liable.

[Forever Blue]

This is far from over and why we’ve taken it this far.

It’s also why the coroner and other court findings on liability are important as it opens up a a pretty secure line of litigation for the club which will, likely, result in significant amounts of this judgment being recouped from the other liable parties.

It’s horrible that it’s got to this point but very necessary as even the most biased against the club have to accept that there is no way this club should be the only ones losing financially from this tragedy.

That said, the biggest losers are the family, have FC Nantes done anything to assist them ? Cardiff have and he was only our player for 24 hours.

The biggest problem for us is likely to be some of those who are liable will declare themselves bankrupt although I would hope in that instance they would be covered by insurance policies of those liable.

It will have nothing and we won’t get anything from the agents etc as like you said they will be bankrupt etc.

[Wayne S]

If Nantes give the 6 million Euros to Sala's family, that may supress any further action.

[wez1927]

This is far from over and why we’ve taken it this far.

It’s also why the coroner and other court findings on liability are important as it opens up a a pretty secure line of litigation for the club which will, likely, result in significant amounts of this judgment being recouped from the other liable parties.

It’s horrible that it’s got to this point but very necessary as even the most biased against the club have to accept that there is no way this club should be the only ones losing financially from this tragedy.

That said, the biggest losers are the family, have FC Nantes done anything to assist them ? Cardiff have and he was only our player for 24 hours.

The biggest problem for us is likely to be some of those who are liable will declare themselves bankrupt although I would hope in that instance they would be covered by insurance policies of those liable.

It will have nothing and we won’t get anything from the agents etc as like you said they will be bankrupt etc.

I remember seeing a report that the French authorities were investigating for corporate manslaughter with the mckays being nantes selling agents

[northside of risca]

This is far from over and why we’ve taken it this far.

It’s also why the coroner and other court findings on liability are important as it opens up a a pretty secure line of litigation for the club which will, likely, result in significant amounts of this judgment being recouped from the other liable parties.

It’s horrible that it’s got to this point but very necessary as even the most biased against the club have to accept that there is no way this club should be the only ones losing financially from this tragedy.

That said, the biggest losers are the family, have FC Nantes done anything to assist them ? Cardiff have and he was only our player for 24 hours.

The biggest problem for us is likely to be some of those who are liable will declare themselves bankrupt although I would hope in that instance they would be covered by insurance policies of those liable.

In my opinion the whole thing is a stain on our club , we should have paid up . Having both of the agents kids on the payroll for a season was also dubious. One now playing in the 3rd tier in Scotland the other in the 6th tier in England……

[paulh_85]

This is far from over and why we’ve taken it this far.

It’s also why the coroner and other court findings on liability are important as it opens up a a pretty secure line of litigation for the club which will, likely, result in significant amounts of this judgment being recouped from the other liable parties.

It’s horrible that it’s got to this point but very necessary as even the most biased against the club have to accept that there is no way this club should be the only ones losing financially from this tragedy.

That said, the biggest losers are the family, have FC Nantes done anything to assist them ? Cardiff have and he was only our player for 24 hours.

The biggest problem for us is likely to be some of those who are liable will declare themselves bankrupt although I would hope in that instance they would be covered by insurance policies of those liable.

In my opinion the whole thing is a stain on our club , we should have paid up . Having both of the agents kids on the payroll for a season was also dubious. One now playing in the 3rd tier in Scotland the other in the 6th tier in England……

Just don't buy this "just give them the money" line. Let the lawyers do their job.

[pembroke allan]

This is far from over and why we’ve taken it this far.

It’s also why the coroner and other court findings on liability are important as it opens up a a pretty secure line of litigation for the club which will, likely, result in significant amounts of this judgment being recouped from the other liable parties.

It’s horrible that it’s got to this point but very necessary as even the most biased against the club have to accept that there is no way this club should be the only ones losing financially from this tragedy.

That said, the biggest losers are the family, have FC Nantes done anything to assist them ? Cardiff have and he was only our player for 24 hours.

The biggest problem for us is likely to be some of those who are liable will declare themselves bankrupt although I would hope in that instance they would be covered by insurance policies of those liable.

In my opinion the whole thing is a stain on our club , we should have paid up . Having both of the agents kids on the payroll for a season was also dubious. One now playing in the 3rd tier in Scotland the other in the 6th tier in England……

You have to ask yourself would "YOU" give someone money if you believe the contract wasnt legal and legitimate?

[JulesK]

Lot more to come from this and as for just paying up !!! Easy to spend someone else's money.
Low life's kids playing for City well you need to ask yourself how close was a certain NW to the agents in question.

[Paul Keevil]

As I posted earlier in the year I think FINANCIALLY this is the best outcome for the club.

I think this decision could actually have the capacity to put Nantes out of business.

The reason being that if CAS viewed Emiliano as a Nantes player then:

a) We wouldnt have to pay the £15m fee but also
b) We would not be able to sue Nantes for Loss of Revenue

As it is

a) Yes we will have to pay £15m but its money we had put aside
b) But, and this is very important, we will now be able to sue Nantes for:
(i) £15m loss of asset
(ii) £200m (in region of) for Loss of Revenue as a result of being relegated and predominantly as a result of their Employee, Servant or Agent failing to protect an asset of CCFC which resulted in ongoing losses

There will be some who argue that how can we put our relegation down to ES death.

The case for CCFC will be that we were signing a player who, at the time of his death, was 2nd top goalscorer in the French League (Behind Mbappe) and his goals (for CCFC) would have taken us up the table - bearing in mind we only got relegated by 1 pt.

"On the balance of Probabilities" had we had the use of him I believe a Court would find that we would not have been relegated and thus not lost the revenue that we did.


Nantes could find themselves with £15m in their pocket but they could also find themselves being sued for £200m