A French court on Monday afternoon will be the final act in the tragic saga of Emiliano Sala.
Cardiff City Football Club will argue at a hearing in Nantes that they are owed more than £100m in damages following the death of a player they believe would have kept them in the Premier League.
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It’s been almost seven years since Argentinian forward Sala, 28, and pilot David Ibbotson were killed in a plane crash while crossing the English Channel to join a new club.
Just days ago, he joined Cardiff City from French club Nantes for £15 million and was announced as Cardiff City’s record signing.
There have been fierce accusations and recriminations since then, including a series of legal cases that led to Monday’s hearing at Nantes’ commercial court, which has been adjourned from September 22.
Cardiff City said the French club was responsible for the financial losses caused by the incident. Nantes have previously rejected Cardiff’s claims.
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David Henderson jailed for 18 months for arranging flight that killed footballer Emiliano Sala [Getty Images]
In December 2018, Nantes forward Sala was regarded by Cardiff City as a player who could provide goals in their fight against Premier League relegation.
The following month, on 19 January 2019, a deal worth £15 million was announced between the clubs.
However, two days later, while Sala was flying from Nantes to Cardiff, he and pilot Ibbotson were killed when their plane crashed into the sea near Guernsey.
The flight was later deemed to have been flown without a license, and the organizer, aircraft operator David Henderson, was found guilty of endangering aircraft safety in October 2021 and sentenced to 18 months in prison.
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What is Cardiff’s claim?
The dispute between Cardiff City and Nantes dates back to shortly after the incident, with the Welsh club initially refusing to pay the first transfer fee until a liability investigation was completed.
The row ultimately resulted in football’s world governing body FIFA ordering Cardiff City to pay compensation, with the Bluebirds appealing to the Court of Arbitration for Sport (CAS).
With CAS upholding FIFA’s ruling, Cardiff City paid the first installment in January 2023 – ending the English Football League (EFL) transfer embargo in the process – and subsequently paid the remaining balance.
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But the football club has always insisted they were prepared to take further action and lodged a complaint with the Nantes Commercial Court in April 2024, seeking €120.2m (£104m) in compensation.
The losses are estimated to stem from the financial and reputational damage caused by Cardiff City’s 2019 relegation from the Premier League.
Cardiff City’s side will present evidence from court-recognized experts, including a statistical report compiled by football data firm FC Analytics, which the club said showed Sala would have increased their chances of staying in the Premier League by 62 per cent in the 2018-19 season.
In terms of damages, the amount Cardiff are seeking is based on an independent analysis of the loss of revenue following relegation, the subsequent impact on the overall value of the club and the original transfer fee.
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Nantes did not respond to a request for comment but have previously disputed Cardiff’s claims. Their position is said to have not changed.
What is Cardiff’s argument?
Cardiff’s claim is based on their contention that former football agent Willie Mackay was working on behalf of Nantes when arranging flights via Henderson.
Cardiff offered Sala a commercial flight back to Wales but he wanted more time to say goodbye in Nantes.
McKay was not the registered agent and had previously claimed he was helping his son Mark, the acting agent in the deal, but he did charter the flight.
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Nantes previously denied Willie McKay worked for them.
Cardiff launched civil proceedings against Willie McKay over the disclosure of emails and documents related to the transfer, and an out-of-court agreement was reached in February 2024.
They said the information proved the link and therefore Nantes had ultimate responsibility for the flight and the subsequent financial impact when Cardiff were relegated.
How is this case different?
FIFA ruled that Cardiff City should pay the transfer fee on the basis that according to the contract, the transaction was completed and therefore payment was due.
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CAS agreed, saying it could not consider other aspects, such as flight liability or potential damage, and a further hearing at the Swiss Federal Court agreed that CAS had no jurisdiction.
Cardiff City believe this will be the first time a judge has heard questions about the club’s conduct over transfer parties and say little of what was discussed at this hearing has been scrutinized or considered.
The case will also be heard by a consular judge (a company owner or director from the business world rather than the legal world) elected to the position.
Cardiff has launched proceedings in France to avoid any jurisdictional issues.
Fans pay tribute to new signing Emiliano Sala outside Cardiff City Stadium following the striker’s death [Getty Images]
What happens now?
The hearing is expected to begin at 16:00 GMT on Monday.
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Neither side will call witnesses, evidence has been submitted for a judge to see and cases have been presented by both clubs’ legal teams.
The judges will then retire to consider their ruling. There are two elements to this decision: the question of liability, and, if necessary, how much of the damages sought should be paid.
If Cardiff succeed, for example, they may only receive a portion of the more than £100m they claim.
When is the verdict expected?
While the hearing theoretically takes only a few hours, a verdict is expected to take months.
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In fact, clubs may not find out the results until March at the latest.
Even so, both sides still have avenues of appeal.
But seven years after his transfer, the hearing is expected to be at least the beginning of the end of Sala’s tragic story.
