A French commercial court in Nantes has dismissed Cardiff City’s claim, ruling that the Welsh club must compensate FC Nantes for emotional distress and legal costs, nearly seven years after the Emiliano Sala plane crash.
The ruling once again places the name of Emiliano Sala, the Argentine striker who was set to make his English football debut, at the centre of the debate over safety, agents and liability in elite transfers.
Cardiff City loses its final appeal.
Cardiff City had brought a claim before the French courts for over €115 million, alleging sporting, financial and reputational damage arising from the death of Emiliano Sala and the dispute over the payment of the transfer fee to Nantes.
The court in Nantes, however, dismissed the claim outright. It ordered the Welsh club to pay around €480,000 to Nantes, comprising compensation for non-pecuniary damage €300,000 and legal costs around €180,000.
The court ruled there was not enough evidence to link Nantes to organising Sala’s private flight in January 2019. The decision cited FIFA and CAS rulings that had already affirmed Nantes’ right to the transfer fee, reinforcing key points of the dispute.
Cardiff City argued Nantes should be civilly liable, contending the journey was arranged by agent Willie McKay, whom it claimed was tied to the French club.
The court did not find a sufficient link between McKay and Nantes to make Nantes liable for the flight.
Various investigations had already brought to light serious irregularities surrounding the flight: the pilot, David Ibbotson, did not hold a commercial licence to carry passengers, was not authorised to fly at night, and the aircraft was operating with expired certifications.
In 2021, businessman David Henderson, who was in charge of coordinating the trip, was convicted of endangering aviation safety, whilst McKay was cleared of criminal liability on the grounds that he had not organised the flight nor was he aware of its irregularities.
The reaction of Cardiff
Upon learning of the ruling, Cardiff City issued a statement expressing deep regret over the French court’s decision, stating the proceedings were initiated to honour Emiliano Sala’s memory.
The club argued that transparency, integrity, and safety in professional football were not adequately protected and emphasised that agents and private operators left players exposed to risk.
The Welsh club also highlighted the financial settlement following the tragedy, questioning why Nantes paid more to McKay than to Emiliano Sala’s family, and calling for a thorough industry-wide review of how transfers are managed and how players are protected.
For Cardiff, the conclusion of the case in Nantes does not settle the debate on player safety when international transfers are negotiated, and private flights are used outside the clubs’ usual channels.
