Emiliano Sala’s case: CAS 2019/A/6594 Cardiff City Football Club Limited v. SASP Football Club de Nantes

CAS 2019/A/6594 Cardiff City Football Club Limited v. SASP Football Club de Nantes

Date of the decision: 2022-08-26

Arbitrator(s): Ulrich Haas Nicholas Stewart K.C. Andrew de Lotbinière McDougall

CAS upheld and confirmed FIFA’s decision concerning the legal validity of the transfer agreement between Cardiff City FC (Cardiff) and Nantes FC (Nantes), given the unfortunate death of the transferred player Emiliano Raúl Sala (Player) before his first appearance for Cardiff. CAS also rejected the notion that FIFA is competent to have heard a ‘set-off claim’ by Cardiff, indirectly conferring liability for the Player’s death on Nantes FC. Therefore, Cardiff was ordered to pay EUR 6 million plus costs, representing the first deposit for the value of the transfer of the now demised Player.

Facts and Procedure

On 13 December 2018, an offer was made by Cardiff for the Player, who was registered with Nantes from 2015 up to that point.

On 17 January 2019, a transfer was agreed upon informally, leading to the Player flying to Wales for a successful medical examination on 18 January 2019. An employment contract was signed with Cardiff upon the completion of the said medical examination.

On 19 January 2019, the transfer agreement was countersigned by both clubs, and the Player signed a termination agreement with Nantes (which was subsequently homologated by the French Football Federation).

The value of the transfer was EUR 17 million; EUR 6 million to be paid within five days of the Player registering with Cardiff, EUR 6 million on 1 January 2020, and, finally, EUR 5 million on 1 January 2021.

On 19...

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