Exclusive: Cardiff City accuse Nantes of breaking Fifa rules over Emiliano Sala transfer

The Match Day Programme with a Daffodil as a tribute to Emiliano Sala during the Premier League match between Cardiff City and AFC Bournemouth at Cardiff City Stadium on February 2, 2019 - The Match Day Programme with a Daffodil as a tribute to Emiliano Sala during the Premier League match between Cardiff City and AFC Bournemouth at Cardiff City Stadium on February 2, 2019
The Match Day Programme with a Daffodil as a tribute to Emiliano Sala during the Premier League match between Cardiff City and AFC Bournemouth at Cardiff City Stadium on February 2, 2019 Credit: Getty Images

Cardiff City have accused Nantes of breaking Fifa rules over the tragic transfer of Emiliano Sala in their feud over his £15 million fee.

The Daily Telegraph can disclose details of the case Cardiff submitted to football’s world governing body on Monday to explain their withholding of the first instalment of the fee for the striker, who was killed in a plane crash almost three months ago.

As previously revealed by the Telegraph, the Premier League club told Fifa the deal they struck to buy the striker became “null and void” after he died because he signed a contract deemed non-compliant with Premier League rules and legally-binding clauses in their transfer agreement with Nantes had not been fulfilled.

But a source with knowledge of Cardiff’s submission confirmed yesterday it also accused Nantes of failing to disclose to Fifa’s Transfer Matching System that the agent Mark McKay had been acting for them in the deal.

Annexe 3 of the governing body’s Regulations on the Status and Transfer of Players (RSTP) states clubs must input the “club intermediary’s name and commission” into its TMS.

Tributes to the footballer at Nantes' ground - Tributes to the footballer at Nantes' ground
Tributes to the footballer at Nantes' ground Credit: Getty Images

The source told the Telegraph: “The omission potentially impacts on the validity of the International Transfer Certificate and clearly constitutes a breach of Annexe 3 RSTP, rendering Nantes liable to sanction.”

The same regulations require the uploading of “a copy of the contract between the new club and the professional player”, something Cardiff were unable to do because Sala was killed before a revised one could be signed.

The source also revealed Cardiff’s submission to Fifa laid out the circumstances around Sala’s death and warned Nantes could be held vicariously liable for his plane crash.

The player’s fatal flight was booked by McKay’s father, Willie, who has also admitted helping his son conclude the transfer.

Article 1242 of the French Civil code states: “We are liable not only for the damage we cause by our own actions, but also for the damage caused by the actions of the people for whom we are responsible, or the things we have in our custody.”

Nantes, who ignored a written invitation from Cardiff for a meeting to resolve their feud over Sala’s transfer fee, declined to comment on whether they breached Fifa rules but indicated they would fight any attempt to hold them liable for his death.

McKay snr did not respond to requests for comment.

He has previously denied responsibility for Sala’s death, stating he had no input into the selection of the fatal flight’s pilot or aircraft.

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