Background
The dispute between Cardiff City and FC Nantes arose after the tragic death of Argentine striker Emiliano Sala in a plane crash over the English Channel on 21 January 2019, just two days after he had completed a transfer from Nantes to Cardiff City for a reported €17 million (£15 million).
After Sala’s death, Nantes demanded payment of the transfer fee. Cardiff refused, arguing that unresolved legal and regulatory questions remained, including the role played by Willie McKay as FC Nantes’ agent in the transfer. Cardiff considered his engagement unlawful because McKay did not hold the required agent licence.
In 2019, FIFA ruled that Cardiff was contractually required to pay FC Nantes the first instalment of the transfer fee, amounting to €6 million. That decision was later upheld by CAS. Although, under the transfer agreement, FIFA had a broad jurisdiction to deal with issues associated with the transfer (and outside of the strict wording of the contract), it declined to consider matters relating to the accident or Willie McKay’s role, inviting Cardiff to raise those issues before the national courts. Cardiff subsequently did so.
Cardiff issued proceedings in the Commercial Court in Nantes alleging that Nantes and disqualified intermediaries involved in the transfer bore responsibility for the flight and the circumstances surrounding it. The Welsh club claimed it had suffered major financial losses, including damage linked to its subsequent relegation from the Premier League, and sought more than €120 million in compensation from Nantes in the French courts.
Although the court rejected Cardiff City’s claim, the proceedings kept public attention on the regulatory gaps exposed by the transfer and the flight arrangements. Those concerns informed a debate in France about strengthening oversight of sports agents and improving transparency around transfers.
The Sala Amendments
In May 2025, Céline Jones, Partner at Capital Law, and representative of Cardiff City FC, and Mercedes Taffarel, mother of Emiliano Sala, were heard by the French Senate in relation to proposed legislation concerning the management and financing of professional sport in France.
During the hearing, Mercedes Taffarel highlighted what she regarded as failures within professional football that were exposed by the circumstances surrounding her son’s death.
The Senate listened and on 3 August 2026, Law No. 2026-725 on the organisation, management and financing of professional sport was enacted and incorporates the “Sala amendments” in relation to Articles L. 222-7 and L. 222-20 of the Sports Code, showing in red below.
Article L222-7
Article L222-7 defines a sports agent as a “natural person whose intermediary role consists of bringing together, directly or indirectly, in return for remuneration, compensation or an advantage, two interested parties for the purpose of entering into or extending:
- An employment contract or any participation agreement between, on the one hand, an athlete or coach and, on the other hand, a sports association, sports company or organiser of sporting competitions;
- A contract referred to in Article L. 222-2-10-1;
- A transfer agreement between two sports associations or sports companies”.
Following the reforms introduced on 3 August 2026, Article L222-7 was expanded to impose additional obligations on sports agents:
“Any person holding a professional sports agent licence is subject to mandatory initial and continuing training, particularly in relation to ethics, the prevention of sexist and sexual violence, and anti-money laundering measures. The relevant delegated sports federation is responsible for organising this training, the content, frequency and monitoring arrangements of which shall be prescribed by decree. Any breach of this training obligation identified by the relevant federation may result in suspension of the agent’s professional licence. In carrying out the activities defined in the first paragraph of this article, a sports agent must disclose to the relevant delegated sports federation any sums paid or received by the agent, together with the identity of the legal or natural person connected with the transaction.”
A significant amendment is the insertion of the words “directly or indirectly” into the statutory definition which broadens the scope of individuals who could be considered as a sports agent under the legislation.
The reforms also introduce greater transparency requirements. Agents must now disclose to the competent sports federation all sums paid or received in connection with their role, together with the identity of the legal or natural person connected with the transaction.
Article L222-20
Article L222-20 increases the sanctions for carrying out an activity covered by Article L222-7 without having obtained an agent licence, for doing so in breach of a decision suspending or withdrawing that licence, and for breaching Articles L. 222-9 to L. 222-17, with the exception of Article L. 222-11. The maximum penalty is increased from two years’ imprisonment and a fine of €30,000 to five years’ imprisonment and a fine of €375,000.
A first step in the right direction
The French Commercial Court acknowledged Willie McKay’s role in the transfer. The judgment reads:
“The Court considers that Mr Willie McKAY intervened on multiple occasions and at decisive stages in the transfer of the Player, with the knowledge of FC NANTES, that he fulfilled, much more than his son, the mission of negotiation and assistance in the final transfer of the Player Emiliano SALA and that these interventions are those of a preponderant agent of FC NANTES, under cover of the mandate of agent and the sports agent licence of his son Mark.”
Willie McKay currently exercises the profession of football agent with a fresh licence.
However, Cardiff is appealing the decision, which (despite recognising McKay’s involvement) ultimately found in favour of Nantes.
Whilst not the end of the matter, the Sala amendments mark a meaningful shift in French sports regulation. By widening the definition of agent activity, increasing transparency obligations and substantially raising sanctions, the reforms send a clear signal that intermediaries involved in professional sport will be subject to closer scrutiny. For clubs, agents and athletes, the practical message is equally clear: informal or indirect involvement in transfers now carries greater regulatory risk, and compliance systems will need to reflect that change.
Céline Jones is a Partner in our commercial disputes team. Céline has over 20 years’ experience in cross-border litigation.... Read More
Carrie Jones
Principal Associate
Commercial Disputes, Cryptoassets, Data Protection, Investigations, Sports
Carrie is a Principal Associate in the Commercial Disputes team. Carrie is an experienced litigation lawyer, who advises a range of organisations, businesses, shareholders, and directors on high-va... Read More
James is a Solicitor in our Commercial Disputes team. James studied his LLB at Swansea University.... Read More
