KEIR RADNEDGE REPORTS: Cardiff City have been judged liable to pay the first instalment of the transfer fee for Emiliano Sala, the Argentinian forward who died in a plane crash on his way to join the club from Nantes in January 2019.

The Welsh club lost an appeal to the Court of Arbitration for Sport against an order by FIFA that they should pay up. A three-person panel heard the appeal in March.

However the club indicated in a statement that it would continue to refuse to pay any monies, would continue to appeal – presumably to the Swiss Federal Court – and, if necessary, in the civil courts over responsibility for the plane crash into the English Channel.

Last November a UK court sentenced David Henderson, the man who organised the flight which killed boh Sala and pilot David Ibbotson, to 18 months in prison for recklessly endangering the safety of an aircraft and trying to arrange a flight for a passenger without permission or authorisation.

Initially Cardiff and Nantes had agreed an overall fee of £15m and the world football federation’s players’ status committee had also imposed a three-window transfer ban on the club if they failed to pay.

A CAS statement said: “After taking into due consideration all the evidence produced and all the arguments put forward by both clubs, the CAS panel found the player’s transfer from FC Nantes to Cardiff City FC to have been completed.

“Because the conditions set out in the transfer agreement were fulfilled prior to the player’s death, FC Nantes’ claim for the first instalment of the transfer fee in the amount of 6m euros was upheld.”

Nantes then released a statement, saying: “FC Nantes welcomes the decision rendered today on appeal by the Court of Arbitration for Sport.

“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.”

Cardiff claimed they were not liable for any of the fee because Sala, 28, was not officially their player when he died and refused to make interim payments as they claimed the deal was not legally binding.

In response to the CAS ruling, Cardiff City said: “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.”

Full CAS statement:

The Court of Arbitration for Sport (CAS) has dismissed the appeal filed by Cardiff City Football Club (Cardiff City FC) against Football Club de Nantes (FC Nantes) in relation to the decision issued by the Bureau of the FIFA Players’ Status Committee on 25 September 2019 (the Challenged Decision).

The Challenged Decision, in which Cardiff City FC was ordered to pay EUR 6 million to FC Nantes in connection with the transfer of the player Emiliano Sala between the clubs, is confirmed.

Cardiff City FC filed an appeal at the CAS on 20 November 2019. Further to the initiation of the
arbitration, the written proceedings were lengthy and were even suspended, at the parties’ request, and
with their mutual agreement, for several months. In addition, on multiple occasions, the parties mutually
agreed to extend the time limits for the filing of their written submissions. The parties also requested that
the hearing be held in person, which it was not possible to do before the end of 2021. The hearing finally
took place on 3 and 4 March 2022. It was the first hearing to be held at the new CAS headquarters at the
Palais de Beaulieu in Lausanne.

After taking into due consideration all the evidence produced and all the arguments put forward by both
clubs, the CAS Panel found the Player’s transfer from FC Nantes to Cardiff City FC to have been
completed; and because the conditions set out in the Transfer Agreement were fulfilled prior to the
Player’s death, FC Nantes’ claim for the first instalment of the transfer fee in the amount of
EUR 6 million was upheld.

The CAS proceedings only concern the first instalment of the transfer fee in the amount of EUR 6 million
out of the total transfer fee of EUR 17 million. The other instalments were not due at the time of the
procedure before the FIFA instances. The CAS Panel also confirmed that it was not for FIFA to entertain
the claim of Cardiff City that it was not required to pay any transfer fee to FC Nantes, because FC Nantes
could be liable for the Player’s death and that such tort claim was to be set off against any payment
obligation with respect to the transfer fee.

The 78-page Arbitral Award is currently subject to a confidentiality review. According to the outcome
of such review, the Arbitral Award may be published on the CAS website at a later date.

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