Patrick Youmbi Noubissie v. Fédération Internationale de Football Association (FIFA), Fédération Camerounaise de Football (FECAFOOT)

At a glance

Parties

Patrick Youmbi Noubissie (France) v. Fédération Internationale de Football Association (FIFA) and Fédération Camerounaise de Football (FECAFOOT)

Case no.

CAS 2023/A/10079

Forum and rules

Court of Arbitration for Sport, appeal procedure under the Code of Sports-related Arbitration

Instrument

Article 58 of the FIFA Statutes; FIFA Procedural Rules Governing the Football Tribunal; FIFA Regulations on the Status and Transfer of Players

Tribunal

Olivier Carrard (Sole Arbitrator)

Sector

Football; national team medical staff

Outcome

Appeal dismissed (24 September 2024). The decision of FIFA's Players' Status Chamber that it had no jurisdiction was upheld.

Amount

Claimed: EUR 129,450 in outstanding bonuses and daily allowances, plus legal costs (the appeal brief gives CFA 2,000,000). Awarded: nothing. The published text redacts the operative paragraphs on costs.

The dispute

Patrick Youmbi Noubissie, a French physiotherapist and former football player, worked as physiotherapist for Cameroon's national football team from September 2018 to November 2021. A decision of FECAFOOT's Normalisation Committee dated 1 September 2018 confirmed his appointment. He signed an employment contract in March 2019, but FECAFOOT never signed it. He claimed EUR 129,450 in outstanding bonuses and daily allowances. FECAFOOT did not pay and told him to contact the Minister of Sports, so he filed a claim with FIFA's Players' Status Chamber (PSC). The PSC held that he was not a "coach" and that his claim was therefore inadmissible before it. On appeal, he argued that his role included coaching players on the pitch and that his contract gave jurisdiction to FIFA. FIFA and FECAFOOT replied that he was part of the medical team, held no coaching licence and had offered no evidence of coaching duties.

Key holdings

1. CAS has jurisdiction under Article 58 of the FIFA Statutes, and the appeal is admissible. The grounds of the decision were notified on 2 October 2023 and the appeal was filed on 23 October 2023, within the 21-day time limit. ¶¶ 57–63
2. A contractual relationship existed between the appellant and FECAFOOT, although FECAFOOT never signed the contract. Under art. 11(1) of the Swiss Code of Obligations, a contract needs no particular form unless the law requires one. The appellant worked for FECAFOOT for several years, as Decision no 054/FCF/PCN/2018 confirms. ¶¶ 68–69
3. The appellant was not a "coach" under Number 28 of the Definitions in the FIFA Regulations on the Status and Transfer of Players. The contract and the appointment decision clearly named him as a physiotherapist in the medical team. He did not prove that he selected players or made tactical choices, or that he held a coaching licence. Advising the coach on players' fitness falls within a physiotherapist's traditional role. ¶¶ 82–86
4. CAS 2018/A/5586 did not help the appellant, because the contract in that case was an "assistant coach" contract. ¶ 85
5. FIFA had no jurisdiction. The appellant does not fall within any category of person who may be a party before a chamber under art. 9(1) of the FIFA Procedural Rules. A contractual clause naming FIFA as competent does not by itself confer jurisdiction, because a body's jurisdiction depends first on its own rules. ¶¶ 87–91
6. The appeal is dismissed and the PSC decision of 27 September 2023 is upheld. All other requests for relief are dismissed. Operative part

Procedural history

1. 1 September 2018FECAFOOT confirms the appellant's appointment as physiotherapist of the national team.
2. 16 January 2022The appellant asks FECAFOOT to pay EUR 129,450.
3. 28 June 2023The appellant files a claim with FIFA's Players' Status Chamber.
4. 27 September 2023The PSC finds that the appellant is not a coach and declares the claim inadmissible.
5. 23 October 2023Statement of appeal filed with CAS.
6. 18 December 2023CAS announces the appointment of Olivier Carrard as Sole Arbitrator. The Panel is confirmed as constituted on 4 February 2024.
7. 25 March 2024Hearing held by video-conference.
8. 24 September 2024Award: appeal dismissed.

Tribunal, counsel and experts

Decided by

• Olivier Carrard Sole arbitrator, CAS — appointed by the institution

For the claimant

Samkia Duga Titanji · Tomislav Kasalo

For the respondent

FIFA · FECAFOOT

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Keywords

• FIFA jurisdiction
• Players' Status Chamber
• Football Tribunal
• definition of coach
• physiotherapist
• Regulations on the Status and Transfer of Players
• art. 9 FIFA Procedural Rules
• Cameroon national team
• FECAFOOT
• outstanding remuneration
• unsigned contract
• art. 11 Swiss Code of Obligations
• contract interpretation art. 18 SCO
• jurisdiction clause
• admissibility
• physical trainer

Summary generated with AI from the published documents — refer to the award for the authoritative text.