CAS 2023 A 10079
CAS · Football (FIFA / CAS) · Switzerland · 24 Sept 2024
Why it matters
This case clarifies that physiotherapists are not considered 'coaches' under FIFA's Procedural Rules, and thus cannot bring claims before FIFA's Players' Status Chamber. It reinforces the strict interpretation of who may be a party before FIFA tribunals, limiting access to players, coaches, and other specifically listed categories. The decision underscores that contractual clauses purporting to confer jurisdiction on FIFA do not override FIFA's own jurisdictional rules.
Summary
Patrick Youmbi Noubissie, a French physiotherapist, worked for Cameroon's national football team from September 2018 to November 2021. He signed an employment contract with FECAFOOT (the Cameroonian football federation) in March 2019, but FECAFOOT never signed it. The contract described him as a physiotherapist and part of the medical team. After not receiving EUR 129,450 in outstanding bonuses and allowances, he filed a claim with FIFA's Players' Status Chamber (PSC). The PSC declined jurisdiction, ruling that Noubissie was not a 'coach' under FIFA's Regulations on the Status and Transfer of Players (RSTP) and therefore could not be a party before the PSC. Noubissie appealed to the Court of Arbitration for Sport (CAS). The CAS sole arbitrator upheld the PSC's decision. Applying Swiss law (Art. 18 of the Swiss Code of Obligations) and CAS jurisprudence, the arbitrator interpreted the contract and found that Noubissie's role was clearly that of a physiotherapist, not a coach. The contract's wording was straightforward, and Noubissie failed to prove he performed coaching duties such as selecting players or making tactical choices. He also lacked a coaching license. Therefore, he did not meet the definition of 'coach' under RSTP Number 28, and FIFA had no jurisdiction. The appeal was dismissed, and Noubissie was ordered to bear the arbitration costs.
The detail
Parties: Patrick Youmbi Noubissie v. FIFA and FECAFOOT
Case number: CAS 2023 A 10079
Outcome: Appeal dismissed; FIFA's decision that it lacked jurisdiction upheld.
Applicable law: FIFA Procedural Rules Governing the Football Tribunal; Swiss Code of Obligations (Art. 18); CAS Code of Sports-related Arbitration
Issues in play: Whether a physiotherapist qualifies as a 'coach' under FIFA regulations, and whether FIFA's Players' Status Chamber had jurisdiction over a physiotherapist's claim.
Read the full decision at Court of Arbitration for Sport (football, via FIFA) ↗
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