Fri May 29, 2020 7:51 pm
CcfcPete wrote:ReesWestonSuperMare wrote:You must have seen the contract then ?
What clauses were there that had to be met or else null and voided ?
As I would expect it to say (like any contract) the sale is dependent on the approval and authorisation of the relevant authorities etc
Otherwise as a purchaser you may well be purchasing something that is not as it seems. EG that's why players have medicals.
If the FA turned around and said sorry his work visa is invalid therefor he doesnt have international clearance etc - the club would then void the contract as stated in the terms and conditions (which no one has seen other than the club and their legal representatives - as far as I know) maybe the contract and its clauses have been published somewhere ?
It will be an interesting decision though and will set precedent on future transfers
Cant believe some people would fold so easily
That’s the point mate, it did have the approval of the relevant authorities and governing bodies. That’s why it went through. The contract was perfectly valid.
You need to seperate the Premier League from the FA/FAW. The Premier League has no say on whether a contract is valid or not, only whether the contract allows the player to play in its competition or not based on its own rules. They are hugely differing things. In the case of Sala, the way his (valid) contract was set up, it did not comply with its regulations that determine whether a player can compete in that competition or not. It means he cannot play in the PL, it doesn’t invalidate the contract and as a result is fully capable of playing in other games for the club.
He had a work permit, the contract was legal and binding, the TMS was complete and international clearance was finalised on the 21st at 5:30pm GMT. The transfer was complete.
It isn’t about folding easily, it’s about not having any cards whatsoever. The decision is a formality, I think it’s only been appealed to buy time in the hope the club may be promoted in the meantime and the financial hit can be absorbed easier. Reading the FIFA document and understanding both sides of the argument and also the facts behind the contract and timelines make it as clear cut a case as you would wish to see, truly. The club do not have a leg to stand on.
Fri May 29, 2020 8:03 pm
ReesWestonSuperMare wrote:CcfcPete wrote:ReesWestonSuperMare wrote:You must have seen the contract then ?
What clauses were there that had to be met or else null and voided ?
As I would expect it to say (like any contract) the sale is dependent on the approval and authorisation of the relevant authorities etc
Otherwise as a purchaser you may well be purchasing something that is not as it seems. EG that's why players have medicals.
If the FA turned around and said sorry his work visa is invalid therefor he doesnt have international clearance etc - the club would then void the contract as stated in the terms and conditions (which no one has seen other than the club and their legal representatives - as far as I know) maybe the contract and its clauses have been published somewhere ?
It will be an interesting decision though and will set precedent on future transfers
Cant believe some people would fold so easily
That’s the point mate, it did have the approval of the relevant authorities and governing bodies. That’s why it went through. The contract was perfectly valid.
You need to seperate the Premier League from the FA/FAW. The Premier League has no say on whether a contract is valid or not, only whether the contract allows the player to play in its competition or not based on its own rules. They are hugely differing things. In the case of Sala, the way his (valid) contract was set up, it did not comply with its regulations that determine whether a player can compete in that competition or not. It means he cannot play in the PL, it doesn’t invalidate the contract and as a result is fully capable of playing in other games for the club.
He had a work permit, the contract was legal and binding, the TMS was complete and international clearance was finalised on the 21st at 5:30pm GMT. The transfer was complete.
It isn’t about folding easily, it’s about not having any cards whatsoever. The decision is a formality, I think it’s only been appealed to buy time in the hope the club may be promoted in the meantime and the financial hit can be absorbed easier. Reading the FIFA document and understanding both sides of the argument and also the facts behind the contract and timelines make it as clear cut a case as you would wish to see, truly. The club do not have a leg to stand on.
Well let's wait and see what comes back then shall we, I still stand by the point that there may very well have been a clause in the contract that states it is null and void in the event of 'situation A', 'situation B' etc etc , and is the equivalent of 'sold subject to contract' on a house. Unless one of us has seen the contract in full - then we wont know - until the decision. I just have a sneaky suspicion that is enough wriggle room for it to go in the clubs favour - just a personal opinion.
Sat May 30, 2020 12:16 am
Sat May 30, 2020 1:01 am
bluesince62 wrote:Can't believe this is being dragged out of the blue we will all know soon enough wether the club has or has not to pay,all the rest in between is speculation by all,including ccfc? Pete! The club has set aside the funds to pay,if ordered to,we have waited this long,so a delay with what's been happening, was always going to be likely. I know there isn't much to talk about,but this is not news .
Sat May 30, 2020 6:34 pm
skidemin wrote:bluesince62 wrote:Can't believe this is being dragged out of the blue we will all know soon enough wether the club has or has not to pay,all the rest in between is speculation by all,including ccfc? Pete! The club has set aside the funds to pay,if ordered to,we have waited this long,so a delay with what's been happening, was always going to be likely. I know there isn't much to talk about,but this is not news .
Sat May 30, 2020 6:42 pm
pembroke allan wrote:skidemin wrote:bluesince62 wrote:Can't believe this is being dragged out of the blue we will all know soon enough wether the club has or has not to pay,all the rest in between is speculation by all,including ccfc? Pete! The club has set aside the funds to pay,if ordered to,we have waited this long,so a delay with what's been happening, was always going to be likely. I know there isn't much to talk about,but this is not news .
he didn't start the thread and has only printed facts taken from FIFA... there is lots of speculation on the thread but he is the only one that's actually bothered taking things of the FIFA site ...[/quote
No he didn't start thread but he is the only person in the world who will go to ends of the world to try prove he's right and us mere mortals are wrong... fact is only CAS will decide who is correct no matter what fifa have said or what documents are put out on here!
anyone's view is just that a viewpoint and opinion nothing else.
Sat May 30, 2020 9:25 pm
skidemin wrote:pembroke allan wrote:skidemin wrote:bluesince62 wrote:Can't believe this is being dragged out of the blue we will all know soon enough wether the club has or has not to pay,all the rest in between is speculation by all,including ccfc? Pete! The club has set aside the funds to pay,if ordered to,we have waited this long,so a delay with what's been happening, was always going to be likely. I know there isn't much to talk about,but this is not news .
he didn't start the thread and has only printed facts taken from FIFA... there is lots of speculation on the thread but he is the only one that's actually bothered taking things of the FIFA site ...[/quote
No he didn't start thread but he is the only person in the world who will go to ends of the world to try prove he's right and us mere mortals are wrong... fact is only CAS will decide who is correct no matter what fifa have said or what documents are put out on here!
anyone's view is just that a viewpoint and opinion nothing else.
its not the ends of the earth Allan.. its only whats been put on here numerous times...and is accurate .
i just wish we had insurance and this was all in the past..
or at least our club have something more solid than what they seem to have..because id much rather us not have to pay out 15 million pounds too..
but i cant get past the fact he was only in that plane on that night to come back here to train having signed a few days earlier..
im sure if our club had contacted him and said all this prem lge forms needing sorting meant the deal was off or on hold .he wouldn't have bothered coming back that night
Sun May 31, 2020 2:26 pm
CcfcPete wrote:
From FIFA’s ruling, the exact wording is as follows:-
41. In this respect, the members of the Bureau firstly observed that the clause at stake did not require the player’s employment contract to be registered with the Premier League as a condition precedent. What it is more, the Bureau held that it was clear that it was always the intention of Cardiff to register the player with the Premier League and that the only reason why the contract was not approved was an omission of Cardiff itself.
42. Moreover, the members of the Bureau pointed out that the registration of an employment contract with the Premier League not only consists of an internal matter between Cardiff and the Premier League and/or the FAW, but it is also a formal requirement over which Nantes has no influence. As a result, from the Bureau’s point of view, whether or not Cardiff and the agents representing the player had carried out the required due diligence in drafting an employment contract that was in conformity with the Premier League’s specific rules or not, can in no way affect the validity of the transfer agreement concluded between Nantes and Cardiff.
Essentially saying what we are. It’s simply an internal matter between Sala and the club, but regardless of outcome of that internal matter he would still be a Cardiff player. He would either be a Cardiff player ineligible to play in the Premier League or he would be a Cardiff player that could play in the Premier League, and that would depend on if Sala would be happy complying with the competitions rules and having his signing on fee over the length of his contract.
Whether he would have agreed or not is neither here nor there however when discussing the validity of the contract or the transfer itself, that was a done deal and completely valid.
Sun May 31, 2020 8:57 pm
Tony Blue Williams wrote:CcfcPete wrote:
From FIFA’s ruling, the exact wording is as follows:-
41. In this respect, the members of the Bureau firstly observed that the clause at stake did not require the player’s employment contract to be registered with the Premier League as a condition precedent. What it is more, the Bureau held that it was clear that it was always the intention of Cardiff to register the player with the Premier League and that the only reason why the contract was not approved was an omission of Cardiff itself.
42. Moreover, the members of the Bureau pointed out that the registration of an employment contract with the Premier League not only consists of an internal matter between Cardiff and the Premier League and/or the FAW, but it is also a formal requirement over which Nantes has no influence. As a result, from the Bureau’s point of view, whether or not Cardiff and the agents representing the player had carried out the required due diligence in drafting an employment contract that was in conformity with the Premier League’s specific rules or not, can in no way affect the validity of the transfer agreement concluded between Nantes and Cardiff.
Essentially saying what we are. It’s simply an internal matter between Sala and the club, but regardless of outcome of that internal matter he would still be a Cardiff player. He would either be a Cardiff player ineligible to play in the Premier League or he would be a Cardiff player that could play in the Premier League, and that would depend on if Sala would be happy complying with the competitions rules and having his signing on fee over the length of his contract.
Whether he would have agreed or not is neither here nor there however when discussing the validity of the contract or the transfer itself, that was a done deal and completely valid.
I'm sorry but the holes in FIFA's logic is astonishing! How can they possibly know for certain that Sala would have signed the amended contract? In any case the fact he may have intended to sign (as they claim) the amended contract doesn't make it legally binding.
They also unaware of UK contract law as it doesn't matter if the original delay was caused by Cardiff submitting a wrongly drafted contract to the PL unless there was a specific expressed clause on a time completion. Therefore the contract was only valid when all clauses had been completed.
Emiliano Sala was bought to play in the PL and Nantes FC wanted to sell to a PL club. Therefore an expressed clause (which doesn't need to be written it just needs to exist on the balance of probabilities). So until ES was registered to play in the competition the contract (& therefore the transfer) was incomplete and his ownership remained with Nantes FC.
Finally UK contract law easily overrides a FIFA finding
Sun May 31, 2020 10:35 pm
Tony Blue Williams wrote:
I'm sorry but the holes in FIFA's logic is astonishing! How can they possibly know for certain that Sala would have signed the amended contract? In any case the fact he may have intended to sign (as they claim) the amended contract doesn't make it legally binding.
You misunderstand. The contract is legally binding as it is, it only needed an amendment if Sala was to be allowed to play in league matches that season. Whether he signed an amendment or not isn’t anything to do with making the contract legally binding, it’s an issue of making it league compliant. Had it not been amended then Cardiff would have a player that was unable to play in the Premier league... not an null and void contract. The amendment was simply an internal matter between Sala, Cardiff and essentially the Premier League. .
They also unaware of UK contract law as it doesn't matter if the original delay was caused by Cardiff submitting a wrongly drafted contract to the PL unless there was a specific expressed clause on a time completion. Therefore the contract was only valid when all clauses had been completed.
The clauses had been completed. The stipulation was that Nantes sell to a Premier League club, they did that.
Emiliano Sala was bought to play in the PL and Nantes FC wanted to sell to a PL club. Therefore an expressed clause (which doesn't need to be written it just needs to exist on the balance of probabilities). So until ES was registered to play in the competition the contract (& therefore the transfer) was incomplete and his ownership remained with Nantes FC.
That is not true at all. Nantes wanted to sell to a PL club for financial reasons, they did that. What Cardiff bought him for is irrelevant to anything, they structured his signing on fee in such a way that prevented them from using him as they wanted. That is their issue.
Finally UK contract law easily overrides a FIFA finding
Nothing in this deal contravenes UK contract law.
Sun May 31, 2020 10:41 pm
ReesWestonSuperMare wrote:
That was my take on it as well re contract law - but was sort of shouted down and derided a bit by a couple on here.
There was a poster that seems to think he knew what was in the contract and that in law that contract had been formed etc. From what I remember about contract law (maybe not that much) and I dont pretend to be a lawyer but well let's see what happens
Sun May 31, 2020 11:20 pm
skidemin wrote:bluesince62 wrote:Can't believe this is being dragged out of the blue we will all know soon enough wether the club has or has not to pay,all the rest in between is speculation by all,including ccfc? Pete! The club has set aside the funds to pay,if ordered to,we have waited this long,so a delay with what's been happening, was always going to be likely. I know there isn't much to talk about,but this is not news .
he didn't start the thread and has only printed facts taken from FIFA... there is lots of speculation on the thread but he is the only one that's actually bothered taking things of the FIFA site ...
Sun May 31, 2020 11:35 pm
bluesince62 wrote:
?? Where have I stated he started the thread,I was merely pointing out that fifa decision is old news,I was hoping it would have been heard by cas by now,and the saga can be put to bed (either way!) But it was obvious with covid,that a delay was inevitable.although now I realise who HE is,ill leave the topic well alone
Sun May 31, 2020 11:44 pm
skidemin wrote:bluesince62 wrote:Can't believe this is being dragged out of the blue we will all know soon enough wether the club has or has not to pay,all the rest in between is speculation by all,including ccfc? Pete! The club has set aside the funds to pay,if ordered to,we have waited this long,so a delay with what's been happening, was always going to be likely. I know there isn't much to talk about,but this is not news .
he didn't start the thread and has only printed facts taken from FIFA... there is lots of speculation on the thread but he is the only one that's actually bothered taking things of the FIFA site ...
Mon Jun 01, 2020 12:30 am
Tony Blue Williams wrote:CcfcPete wrote:
From FIFA’s ruling, the exact wording is as follows:-
41. In this respect, the members of the Bureau firstly observed that the clause at stake did not require the player’s employment contract to be registered with the Premier League as a condition precedent. What it is more, the Bureau held that it was clear that it was always the intention of Cardiff to register the player with the Premier League and that the only reason why the contract was not approved was an omission of Cardiff itself.
42. Moreover, the members of the Bureau pointed out that the registration of an employment contract with the Premier League not only consists of an internal matter between Cardiff and the Premier League and/or the FAW, but it is also a formal requirement over which Nantes has no influence. As a result, from the Bureau’s point of view, whether or not Cardiff and the agents representing the player had carried out the required due diligence in drafting an employment contract that was in conformity with the Premier League’s specific rules or not, can in no way affect the validity of the transfer agreement concluded between Nantes and Cardiff.
Essentially saying what we are. It’s simply an internal matter between Sala and the club, but regardless of outcome of that internal matter he would still be a Cardiff player. He would either be a Cardiff player ineligible to play in the Premier League or he would be a Cardiff player that could play in the Premier League, and that would depend on if Sala would be happy complying with the competitions rules and having his signing on fee over the length of his contract.
Whether he would have agreed or not is neither here nor there however when discussing the validity of the contract or the transfer itself, that was a done deal and completely valid.
I'm sorry but the holes in FIFA's logic is astonishing! How can they possibly know for certain that Sala would have signed the amended contract? In any case the fact he may have intended to sign (as they claim) the amended contract doesn't make it legally binding.
They also unaware of UK contract law as it doesn't matter if the original delay was caused by Cardiff submitting a wrongly drafted contract to the PL unless there was a specific expressed clause on a time completion. Therefore the contract was only valid when all clauses had been completed.
Emiliano Sala was bought to play in the PL and Nantes FC wanted to sell to a PL club. Therefore an expressed clause (which doesn't need to be written it just needs to exist on the balance of probabilities). So until ES was registered to play in the competition the contract (& therefore the transfer) was incomplete and his ownership remained with Nantes FC.
Finally UK contract law easily overrides a FIFA finding
Mon Jun 01, 2020 12:36 am
skidemin wrote:
knowing whether ES would sign an alternative contract or not is not relevant to the legality of the contract he had signed or his transfer.
the contract that he had signed was legal . nobody has ever suggested it was not legal under UK contract law or FIFA rules .
the fact that the breakdown of payments to him was outside EPL REGISTRATION { not contract } regulations has nothing what so ever to do with the contracts legality...
as for the point that the compensation contract between ourselves and Nantes depended on him playing in the EPL .. what if he got injured in training before ever playing ? what if having been injured he returns to training and like Jazz { plus many others } gets injured again and only recovers after the season ends and we are relegated { so therefore unable to play for us in the EPL } ? or worse its career ending.. what if he had a massive falling out with NW / Tan who then refuses to pick him ..or gets arrested in town and locked up ? etc etc..
few other things....not all contracted players are registered for every competition a club enters... but to play in a competition that requires registration { most } you have to be registered.. not being registered doesn't mean its because of contract issues..it could be for a number of reasons.. most often a limit on allowed squad size . or clerical errors at clubs..
our club had the registration returned by the EPL prior to ES returning from France ,which suggests no major issues .
our club had set up the first bank transfer which was stopped only after the crash, not when the EPL registration was returned...
and many players have been transferred to clubs where they are then unable to play in certain competitions...including the EPL
Mon Jun 01, 2020 12:48 am
CcfcPete wrote:skidemin wrote:
knowing whether ES would sign an alternative contract or not is not relevant to the legality of the contract he had signed or his transfer.
the contract that he had signed was legal . nobody has ever suggested it was not legal under UK contract law or FIFA rules .
the fact that the breakdown of payments to him was outside EPL REGISTRATION { not contract } regulations has nothing what so ever to do with the contracts legality...
as for the point that the compensation contract between ourselves and Nantes depended on him playing in the EPL .. what if he got injured in training before ever playing ? what if having been injured he returns to training and like Jazz { plus many others } gets injured again and only recovers after the season ends and we are relegated { so therefore unable to play for us in the EPL } ? or worse its career ending.. what if he had a massive falling out with NW / Tan who then refuses to pick him ..or gets arrested in town and locked up ? etc etc..
few other things....not all contracted players are registered for every competition a club enters... but to play in a competition that requires registration { most } you have to be registered.. not being registered doesn't mean its because of contract issues..it could be for a number of reasons.. most often a limit on allowed squad size . or clerical errors at clubs..
our club had the registration returned by the EPL prior to ES returning from France ,which suggests no major issues .
our club had set up the first bank transfer which was stopped only after the crash, not when the EPL registration was returned...
and many players have been transferred to clubs where they are then unable to play in certain competitions...including the EPL
Excellent summary.
I would also like to add that in no way were the extra payments dependent on Sala playing in the Premier League. They were all club based not player based.
Also worth noting that the agreement specifically stated that Sala doesn’t even have to be registered with the club let alone be able to play for them. The clauses are as follows
(i) EUR 1,000,000 if Cardiff “participate and retains its Premier League Status following the close of the football season 2018/2019”;
(ii) EUR 500,000 if Cardiff “participate and retains its Premier League Status following the close of the football season 2019/2020”
(iii) EUR 500,000 if Cardiff “participate and retains its Premier League Status following the close of the football season 2020/2021”.
6. More specifically, the “promotion bonus” was due to Nantes even in case the player “has not been registered with Cardiff City FC during the season which Cardiff City FC participates and retains its Premier League Status” [...] on 31 August following the football season in which the Promotion Bonus is due”.
Mon Jun 01, 2020 2:31 am
skidemin wrote:
we signed him to play ,that's obvious 15mill wasn't for our under23s
but as football fans we all know there is no guarantee that any given player will play in the next game or at all this season... we should know this better than most the amount of injured players we have signed and players that arrive and get immediately injured... this hasn't gone over the heads of clubs , agents and legal advisors drawing up contracts surely ?
Mon Jun 01, 2020 7:16 am
Mon Jun 01, 2020 7:43 am
Mon Jun 01, 2020 12:23 pm
blue lagoon wrote:Was this poor lad insured by club?