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Sunday, February 17

Premier League

Sports law expert says Cardiff could be docked points if they don't pay for Sala

The striker's flight from France ended up in the English Channel just two days after he had joined the Premier League club.
By Phil Blanche, | 9d

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.

On Thursday night, Sala’s body was formally identified after it was recovered from the wreckage of the aircraft, which is on the seabed 21 miles off the coast of Guernsey.

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.

Cardiff and Nantes were united in tragedy following the disappearance of Emiliano Sala but are now locked in a dispute over the payment of the £15million transfer fee (Mark Kerton/PA)

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, 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.

“If certain deadlines, which are mentioned in the transfer contract, are not met then these may trigger consequences for the club in question. ”
- Sports law expert Gianpaolo Monteneri

“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.

FIFA may end up settling the dispute between Cardiff and Nantes (PA)

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 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.

Cardiff chairman Mehmet Dalman confirmed Nantes have sent a letter to the Welsh club asking for the first instalment of the Emiliano Sala transfer fee to be paid (Nick Potts/PA)

“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, before any bodies had been recovered, 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.

Fans looking at the tributes paid to Emiliano Sala outside the Cardiff City Stadium (Mark Kerton/PA)

“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.”

The Geo Ocean III specialist search vessel docked in Portland, Dorset, which has brought back the body recovered from the wreckage of the plane carrying Cardiff footballer Emiliano Sala and pilot David Ibbotson (Steve Parsons/PA)

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.

Bordeaux are also entitled to a cut of the fee, thought to be 50 per cent, as Sala was on their books from 2012 to 2015 before joining Nantes.

The plane carrying Sala and Ibbotson disappeared en route to Cardiff after the footballer returned to Nantes to say goodbye to his former team-mates.



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2Liverpool26205159154465
3Tottenham HotspurSpurs26200654252960
4Manchester UnitedMan Utd26156552351751
5Arsenal26155653371650
6Chelsea26155645291650
7Wolverhampton WanderersWolves2611693433139
8Watford2610793434037
9Everton2796123639-333
10West Ham UnitedWest Ham2696113239-733
11Bournemouth26103133747-1033
12Leicester CityLeicester2695123134-332
13Crystal Palace2676132734-727
14Brighton & Hove AlbionBrighton2676132839-1127
15Burnley2676132947-1827
16Newcastle UnitedNewcastle2667132234-1225
17Cardiff CityCardiff2674152447-2325
18Southampton2659122844-1624
19Fulham2645172558-3317
20Huddersfield TownHuddersfield2625191448-3411
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