The case involves a legal dispute between the Congolese Football Federation (FECOFOOT) and a French professional football coach, referred to as X, stemming from the termination of a two-year employment contract signed in March 2017. X unilaterally terminated the contract in March 2018 due to unpaid salaries and subsequently filed a claim with FIFA, seeking payment of €679,988 for unpaid wages, compensation for unjust termination, relocation costs, exchange rate adjustments, and unpaid match bonuses. FECOFOOT countered by requesting FIFA to declare itself incompetent and refer the case to a labor court in Brazzaville, alternatively demanding the same amount from X. In October 2019, FIFA’s Single Judge of the Players’ Status Commission partially ruled in favor of X, ordering FECOFOOT to pay €19,000 in unpaid salaries and €454,250 as compensation for unjust termination within 30 days, with a 5% annual interest penalty for late payment. The decision also dismissed FECOFOOT’s counterclaim and required X to provide bank details for payment.
FECOFOOT appealed this decision to the Court of Arbitration for Sport (CAS) in February 2020, but the appeal was deemed incomplete and untimely, leading to its dismissal in April 2020. FIFA’s Disciplinary Committee then initiated proceedings against FECOFOOT for non-compliance with the Single Judge’s decision. The committee’s role was limited to assessing whether FECOFOOT violated disciplinary rules, without revisiting the merits of the original dispute. The CAS emphasized that in disciplinary appeals, only the sports federation (FECOFOOT) holds passive legitimacy, not third parties like X, unless the decision directly affects their rights. The case highlights key legal principles, including the burden of proof, the finality of decisions, and the limited discretion of disciplinary bodies in enforcing decisions.
FECOFOOT argued that its appeal to the CAS was still pending, rendering the FIFA decision non-final, but the FIFA Disciplinary Committee ruled on May 21, 2020, that FECOFOOT had not validly contested the decision, making it final. FECOFOOT was found guilty of failing to comply with a binding decision under Article 15 of the FIFA Disciplinary Code and was ordered to pay the amounts owed, plus interest, along with CHF 15,000 in procedural costs to FIFA. Additionally, FECOFOOT was fined CHF 25,000 and given a 30-day grace period to settle the payments, failing which stricter sanctions could be imposed. FECOFOOT later filed an appeal with the CAS against the FIFA Disciplinary Committee’s decision, contesting the imposed payments. The CAS examined its jurisdiction under Article R47 of its Code, confirming it had authority to hear the appeal under FIFA’s statutes and Disciplinary Code.
The CAS ultimately rejected FECOFOOT’s appeal, emphasizing that the disciplinary action was solely about enforcing compliance with FIFA’s internal rules and decisions, not revisiting the original dispute. The ruling underscored the principle that disciplinary actions within sports federations are primarily about upholding the federation’s rules and decisions, with limited scope for revisiting underlying disputes in subsequent appeals. The case serves as a reminder of the strict enforcement of contractual and disciplinary obligations in international sports governance, highlighting the importance of procedural compliance and the consequences of failing to adhere to established legal and regulatory frameworks.