FIFA - Decisión disputa Rodrigues Figueira 03082023

REF. FPSD-9136

Decision of the Dispute Resolution Chamber passed on 3 August 2023 regarding an employment-related dispute concerning the player Roger Junio Rodrigues Figueira

COMPOSITION:

Lívia SILVA KÄGI (Brazil & Switzerland), Deputy Chairwoman Jorge GUTIÉRREZ (Costa Rica), Member Stella MARIS JUNCOS (Argentina), Member CLAIMANT / COUNTER-RESPONDENT 1: Roger Junio Rodrigues Figueira, Brazil Represented by Balta Dragos Law Office and Sila Lawyers

RESPONDENT / COUNTERCLAIMANT:

FC CFR 1907 Cluj, Romania Represented by MCA Sports Law Llp

COUNTER-RESPONDENT 2:

Uta Arad, Romania

COUNTER-RESPONDENT 3:

St. Lörinc KFT, Hungary pg. 2

REF. FPSD-9136

I. Introduction

1. The relevant parties to this dispute are: • the Brazilian player, Roger Junio Rodrigues Figueira (hereinafter: the player or the Claimant / Counter-Respondent 1); • the Romanian club, CFR 1907 Cluj (hereinafter: CFR Cluj or the Respondent / Counterclaimant); • the Romanian club, FC Uta Arad (hereinafter: Uta Arad or Counter-Respondent 2); • the Hungarian club, St. Lörinc KFT (hereinafter: St Lörinc or Counter-Respondent 3).

2. The player lodged a claim for breach of contract against CFR Cluj. Together with its reply, CFR Cluj submitted a counterclaim against the player, Uta Arad, and St Lörinc.

II. Facts of the case The previous employment relationship between the player and Uta Arad

3. In December 2020, the player entered into an employment agreement with Uta Arad valid as from 1 January 2021 until 30 June 2022.

The employment relationship between the player and CFR Cluj

• The Employment Contract

4. On 19 January 2022, the player and CFR Cluj concluded an employment contract valid as from 1 July 2022 until 31 May 2025 (hereinafter: the Employment Contract).

5. Clause 2.4 of the Employment Contract reads as follows: “The sports activity is to be carried out by [the player] at a high professional level, in order to achieve que sports performance objectives established and communicated by [CFR Cluj]’s management before each competition season for which the sports activity was concluded”.

6. According to clause 4.1 of the Employment Contract, CFR Cluj undertook to pay the player the following amounts “until the 25th of the following month”:

a. For the season 2022-2023: total remuneration of EUR 152,000 net, payable as follows: (i) EUR 20,000 on 5 February 2022; and (ii) EUR 132,000 in 12 monthly instalment of EUR 11,000 each from 25 August 2022. pg. 3

REF. FPSD-9136

b. For the season 2023-2024: total remuneration of EUR 144,000 net, payable in 12 monthly instalment of EUR 12,000 each from 25 August 2023; and c. For the season 2023-2024: total remuneration of EUR 143,000 net, payable in 11 monthly instalment of EUR 13,000 each from 25 August 2024.

7. Furthermore, according to clause 4.2 of the Employment Contract, the player would be

entitled to inter alia the following bonuses: a. EUR 1,000 “for each official game won at the first team in the national championship, for a titular player”; and b. EUR 750 “for each official game won at the first team in the national championship,

as a substitute player”.

8. The abovementioned clause 4.2 also reads as follows: “[CFR Cluj] will pay 50% of the result bonuses due to the player related to the matched played in a competitive season together with the remuneration related to each month, until the 25th of the following month and the remaining of 50% until October 30 of the year in which the respective competition season ended, only under condition for the team to achieve its performance objective, namely winning the national championship. The bonus related to winning the national championship will be paid until October 30 of the year in which the respective competition season ended. Regarding the bonuses granted for UEFA competitions, they will be paid within 60 days of [CFR Cluj] receiving the full financial rights due to it for participating in these competitions.

All the amounts stipulated in this Contract as bonuses, will be paid to the player under the condition that he would be registered at the club in the moment of reaching the objective and effectively participated in the achievement of the objective, being part of the first team when reaching the objective”.

9. Clause 4.4 of the Employment Contract reads inter alia as follows: “[CFR Cluj] undertakes to calculate, declare, withhold, and pay all taxes and contributions related to the financial rights charged to it by national law. In this sense,

[CFR Cluj] will pay, according to the provisions of Law no. 22712015 on the Fiscal Code, amended and supplemented, the following: - The 10% tax on the gross income achieved by [the player]”.

10. Clause 5.2, lit. c) of the Employment Contract reads as follows: pg. 4

REF. FPSD-9136 “5.2. [The player] mainly has the following obligations: [...] c) to provide football services, at a high professional level, taking into consideration the sports performance objectives taken into account when negotiating and signing [the Employment Contract], under the conditions and quality required by [CFR Cluj] and

thus to contribute through its performance within the [CFR Cluj]’s football teams, when achieving the performance objectives established by the club through internal Regulations”.

11. Clause 5.3 of the Employment Contract reads inter alia as follows: “5.3. [CFR Cluj] has mainly the following rights: [...] – the right to use the skills of [the player] on any of the football teams within [CFR

Cluj]”.

12. Clause 5.4 of the Employment Contract reads inter alia as follows: “5.4. [CFR Cluj] has mainly the following obligations: [...] – to ensure the conditions and facilities for training (instruction, training, physical recovery) and participation in competitions at the standards corresponding to the competitive level in which the group of players of which [the player] is a member”. • The transfer agreement and the Addendum

13. On 14 February 2022, CFR Cluj, Uta Arad and the player signed a transfer agreement

(hereinafter: the Transfer Agreement) and agreed upon inter alia the transfer of the player’s services from Uta Arad to CFR Cluj against payment of EUR 50,000 as fixed transfer fee plus EUR 25,000 in case CFR Cluj was the local champion by the end of the sporting season 2021/2022.

14. Also on 14 February 2022, the player and the club signed an Addendum to the Employment Contract by means of which they decided to amend the duration of their employment relationship, now set to start on 14 February 2022 instead of 1 July 2022 (hereinafter: the

Addendum).

15. In addition, the parties also amended the remuneration owed by CFR Cluj to the player as

follows: a. For the season 2022-2023: total remuneration of EUR 201,500 net, payable as follows: (i) EUR 20,000 on 15 February 2022; (ii) EUR 5,500 on 25 March 2022;

and (iii) EUR 176,000 in 16 monthly instalment of EUR 11,000 each from 25 April 2022. pg. 5

REF. FPSD-9136

b. As to the bonuses: • “For the competitional season 2021/2022, the bonuses will be paid until 30 October of the year in which the respective competitional season ended. The bonus for winning the National Championship will be paid until 30 October of the year in which the respective competitional season ended, under condition for the team to reach its performance objective of winning the National Championship”; and • “Starting with the 2022/2023 competitional season, the club will pay 50% of the result bonuses due to the player related to the matches played in a competitive season together with the remuneration related to each month, until the 25th of the following month and the remaining of 50% until October 30 of the year in which the respective competition season ended, only under condition for the team to achieve its performance objective, namely wining the national championship. The bonus related to winning the national championship will be paid until October 30 of the year in which the respective competition season ended. Regarding the bonusses granted for UEFA competitions, they will be paid within 60 days of the club receiving the full financial rights due to it for participating in these competitions”.

16. Apart from the abovementioned amendments, the Employment Contract remained unchanged.

The other facts and exchange of correspondences between the parties

17. According to the information available in the FIFA Transfer Matching System (TMS), the sporting seasons in Romania ran as follows: • Season 2021/2022: from 1 July 2021 until 30 June 2022; and • Season 2022/2023: from 1 July 2022 until 30 June 2023.

18. During the season 2021/2022, the player played the following matches for CFR Cluj’s teams:

Date Reference Team 20 February 2022 FC Rapid 1923 (SuperLiga) First team 26 February 2022 Sepsi OSK (SuperLiga) First team 15 April 2022 Zaläu (Liga 3) Second team 30 April 2022 Luceafärul Oradea (Liga 3) Second team 7 May 2022 Progresul Somcuta Mare (Liga 3) Second team 14 May 2022 Zaläu (Liga 3) Second team

19. During the season 2022/2023, the player participated in the following matches with CFR Cluj’s: pg. 6

REF. FPSD-9136

Date Reference Team 5 July 2022 Pyunik Yerevan (UEFA Champions League Qualifiers) First team 9 July 2022 Sepsi OSK (Romanian Supercup) First team 13 July 2022 Pyunik Yerevan (UEFA Champions League Qualifiers) First team 27 July 2022 IC d’Escaldes (UEFA Europa Conference League Qualifiers) First team 30 July 2022 CS Mioveni (Liga 1) First team 4 August 2022 Soligorsk (UEFA Europa Conference League Qualifiers) First team 7 August 2022 Chindia (Liga 1) First team 11 August 2022 Soligorsk (UEFA Europa Conference League Qualifiers) First team 14 August 2022 FC Botosani (Liga 1) First team 18 August 2022 NK Maribor (UEFA Europa Conference League Qualifiers) First team 25 August 2022 NK Maribor (UEFA Europa Conference League Qualifiers) First team 28 August 2022 FCV Farul (Liga 1) First team 31 August 2022 FC Voluntari (Liga 1) First team 8 September 2022 FC Balkani (UEFA Europa Conference League) First team 11 September 2022 Univ. Craiova (Liga 1) First team

15 September 2022 Sivasspor (UEFA Europa Conference League) First team 19 September 2022 FC Arges (Liga 1) First team 1 October 2022 Petrolul (Liga 1) First team 6 October 2022 Slavia Prague (UEFA Europa Conference League) First team 10 October 2022 Uta Arad (Liga 1) First team 13 October 2022 Slavia Prague (UEFA Europa Conference League) First team 17 October 2022 Sepsi OSK (Liga 1) First team 20 October 2022 U Cluj (Romanian Cup) First team 23 October 2022 U Cluj (Liga 1) First team 27 October 2022 Sivasspor (UEFA Europa Conference League) First team 30 October 2022 FC Rapid 1923 (Liga 1) First team 3 November 2022 FC Ballkani (UEFA Europa Conference League) First team 7 November 2022 FC U Craiova (Liga 1) First team 10 November 2022 Dumbravita (Romanian Cup) First team 13 November 2022 CS Mioveni (Liga 1) First team 30 November 2022 FC Hermannstadt (Liga 1) First team 4 December 2022 Chindia (Liga 1) First team 7 December 2022 FCV Farul (Romanian Cup) First team 11 December 2022 FC Botosani (Liga 1) First team 15 December 2022 FCSB (Liga 1) First team 20 December 2022 FC Hermannstadt (Liga 1) First team

20. In January 2023, the player was not included in CFR Cluj’s A-List to the Romanian Professional Football League (hereinafter: the Romanian PFL). Contextually, it remained undisputed in these proccedings that: • Even if excluded from the A-List, the player could still participate in European

competitions, however, he would no longer be eligible to participate in national competitions (i.e., the Liga 1 / SuperLiga); and pg. 7 REF. FPSD-9136 • the player was not registered at that time because of CFR Cluj’s decision to register the Kosovar player, Mr Ermal Krasniqi (hereinafter: Mr Krasniqi), for the same spot of non-European players. Mr Krasniqi was hired by the club in January 2023 and his International Transfer Certificate (ITC) was delivered to the Romanian Football Federation (FRF) on 17 January 2023.

21. On 25 January 2023, the player addressed a letter to CFR Cluj and acknowledged having been excluded from the A-List of the Romanian PFL, entailing that the club was in breach of the Employment Contract. Consequently, he requested to be re-registered until 27

January 2023 under penalty of termination of their employment relationship.

22. Also on 25 January 2023, the Romanian PFL issued a circular letter stating inter alia that players from Kosovo (such as Mr Krasniqi) would henceforth be accounted for as European players, conversely to the previous rule where they were deemed foreign.

23. On 26 January 2023, CFR Cluj replied to the player’s notice and informed it had not incurred in any type of contractual breach. In particular, CFR Cluj acknowledged that he was indeed not included in the A-List for the Romanian PFL but argued that “the player is part of the UEFA Players list for the remaining matches of the European competition – UEFA Conference League, he is between the players that are taking part into domestic cup – Romanian Cup 2022/2023 and he will also be playing for [the club] in the third division of the Romanian championship”.

24. On 29 January 2023, the player served CFR Cluj with a new letter and insisted that it had

breached the Employment Contract by choosing to register another foreigner player to his detriment. He wrote as follows: “in case you will not proceed with the present request and the player will not be re-registered on the ‘A’ list until 30.01.2023, in order to give him the opportunity to play for the first team of CFR Cluj in the competition Liga 1 – Superliga, we will consider [the Employment Contract] as terminated for just cause, following the fact that your club refused to fulfill its obligations assumed within it”.

25. On 31 January 2023, the player referred to his previous letter and reiterated his request for re-registration with CFR Cluj’s A-List for the Romanian PFL until 2 February 2023, under penalty of termination of the Employment Contract.

26. On the same date, i.e., 1 February 2023, CFR Cluj received two inquires regarding a potential transfer of the player’s services to: (i) FC Universitatea Cluj; and (ii) AFC Hermannstadt.

27. On 1 February 2023, CFR Cluj replied to the player and invited him to avail himself at its premises on 2 February 2023 “in order to conclude the necessary documents for the implementation of one of the following options: pg. 8

REF. FPSD-9136 a) The registration of yourself on the A List of the non-EU players available at Romanian Professional Football League for the 2022/2023 edition of the Romanian Superligue 1 (we mention the fact that this possibility appeared only in the last days as a result of the modification in the position of PFL regarding the situation of players assimilated to EUplayers that resulted into an additional place on the list of [CFR Cluj] non-EU players), b) Conclusion of a temporary transfer contract until the end of the current competition season, to one of the two teams that have already expressed the interest in your transfer

(Universitatea Cluj, respectively FC Hermannstadt), with due consideration to the actual contractual conditions, such that you will be endured the same remuneration level, offers that have already been communicated to you during today, c) Maintaining the current situation of which you are registered on the lists of the European competition UEFA Conference League and on the lists of the competitions organized by the Romanian Football Federation, until the end of the current season, considering the fact that all of these competitions are considered equally important from the perspective of sporting performance goals and at the same time, we assure you that the same training conditions are provided to the athletes registered at [CFR Cluj]”.

28. Also on 1 February 2023, the player replied to CFR Cluj and requested to be registered on the A-List communicated to the Romanian PFL. He moreover rejected the options b) and c) provided by CFR Cluj and requested the club’s breach to be cured by noon of 2 February

2023.

29. Around the same date, the local media reported a potential transfer of the player to Uta

Arad.

30. On 2 February 2023, the following events took place: • CFR Cluj inter alia informed the player that it had “submitted to the PFL the intention to re-register the player on the A List”. CFR Cluj also argued that the Employment Contract was fully respected, hence any termination by the player would be deemed without just cause; • the player pointed out that no proof of re-registration had been provided by CFR Cluj. Consequently, he unilaterally terminated the Employment Contract claiming just cause; and • the player entered into a new employment agreement with St. Lörinc, valid as from the date of signature until 30 June 2024. Accordingly, the player would be entitled to HUF 300,000 as monthly remuneration.

31. Pursuant to the information available in the TMS: pg. 9

REF. FPSD-9136 • On 10 February 2023, St. Lörinc entered a transfer instruction to engage the

player permanently as “out of contract”; • Also on 10 February 2023, the Hungarian Football Federation (MLSZ) requested the player’s ITC; • On 11 February 2023, the FRF rejected the ITC request under the reason “the contract between the former club and the professional player has not expired”; • On 11 February 2023, the MLSZ disputed the rejection of the player’s ITC and requested FIFA’s intervention; • On 13 February 2023: the FIFA Players’ Status Chamber (PSC) passed a decision and authorized o the player’s registration with MLSZ. The decision issued by the PSC expressly stated that it was “without prejudice to any possible decision from the FIFA Dispute Resolution Chamber (DRC) and/or the competent decisionmaking body on the substance of the potential or existing contractual dispute between the player and his former club (as well as his new club)”; the player, Uta Arad and St. Lörinc entered into a loan agreement by o means of which the player’s services were temporarily transferred from the former to the later from the date of signature until 30 June 2023 against a payment of transfer fee amounting to EUR 5,000; and the player entered into a new employment agreement with Uta Arad, o valid for the loan period (i.e., from the date of signature until 30 June 2023). Accordingly, the player would be entitled to inter alia the following fixed amounts: (i) a sign-on fee of RON 42,650; and (ii) a monthly remuneration of RON 30,870 net.

32. On 30 June 2023, the loan period naturally expired.

33. On 1 July 2023, the player entered into a new employment relationship with the Saudi club, Al Taraji Club, valid as from the date of signature until 30 June 2024. Accordingly, the player would be entitled to a total remuneration of USD 250,000 (i.e., USD 200,000 payable in

instalments, plus USD 50,000 as advanced payment). The PFL national regulations

34. According to the Romanian PFC’s Regulation of the Organization of Football Activity

(hereinafter: the PFL Regulations): pg. 10 REF. FPSD-9136 “[Article] 19bis | The Lists of players

1. For the competitions organized by the LPF (Professional Football League), the participant clubs will show the list containing the squad of 25 players (entitled the A List) which will be composed of the following professional footballers categories:

a. A minimum number of 6 players trained at the national level; b. A minimum number of 2 players trained at the club level; c. A maximum number of 4 players, non-EU, with due respect to the following conditions: - 1 non-EU player is eligible for registration on the A List is he holds the nationality of the country that participated to the last edition of the seniors World Cup. - 1 non-EU player is eligible for registration on the A List without any restriction. For the avoidance of doubt regarding the previous-mentioned criteria, only 3 of the 4 non-EU players must fulfill the eligible conditions, one can be registered without any restriction. [...]

3. In the official games of the national championship – Ligue 1, in the referee report can be registered only players that are part of A List and B List. The participation in the official game of a player that is not part of the A List or B List will be sanctioned by losing the game through forfeit. The Ligue 1 teams have the obligation to register in the referee report a minimum number of 6 players trained at national level and to effectively use, during the entire period of games, a nationally trained U21 player, who is eligible for the national team.

4. A List and B List will be communication to the Competitions Department of PFL, as it follows: - With 5 days prior to the first round of the National Championship –

Ligue 1; - With 5 days prior to the resumption of the National Championship – Ligue 1 after the winter vacation. pg. 11

REF. FPSD-9136

A and B Lists will be completed according to the form published by the PFL and will be accompanied by the list of the technical staff approved by the RFF. After the checking of the players registered on the A and B lists, PFL will approve the team squad and will communicate the list of the Central Commission of Referees. [PFL] have the obligation to communication to the Central Commission of Referees any modification of the A and B Lists, after their approval by the Competitions Department of PFL and will publish the team squad on the official website of PFL.

5. The A List can be modified until the end of the summer transfer period, by addition or replacement, but only with players that have been registered with the club after the communication of the initial list.

After the end of the transfer period, the A List can be modified by additional or replacement only with players that have been registered with the club after this period, based on the regulation exceptions (players who had their contracts terminated during the transfer period or players that have their requests of termination solved through decisions after the end of the transfer period. The A List can be modified by addition of replacement in the winter transfer period too, according to the ruled mentioned above. The B List can be modified by addition of replacement during the season too, with due respect to the terms indicated below. Any request of the lists modification made based on this article must be communication to the PFL with at least 24h before the start of the first game of the round. In exceptional situations, the list can be modified but only with players legitimated after the 24h term mentioned above”.

III. Proceedings before FIFA

35. On 2 February 2023, the player filed the claim at hand before FIFA. A brief summary of the position of the parties is detailed in continuation.

a. Claim of the player

36. In his claim, the player argued that CFR Cluj incurred in an abusive conduct towards him by

(i) sending him to train with the second team, currently playing the 3rd division in Romania; pg. 12

REF. FPSD-9136

(ii) breaching the Employment Contract, which established that he would be hired for the 1st team and would be only entitled to bonuses if he played in Liga 1 – Superliga or in European cups; and (iii) trying to transfer him to other clubs, corroborating that it lost interest on his services.

37. The player argued that he could no longer be re-registered in the A-List until the next summer of 2023, meaning that he would be ineligible for a long period. Additionally, “registration with Romanian Football Federation will allow the Claimant to participate in Romanian Cup competition but that is not enough according with DRC jurisprudence, based on the fact that any premature elimination from this competition would violate the player’s fundamental right at least the prospect of regular competitive football and the player would have no opportunity to play for the rest of the season”.

38. Consequently, the player concluded that CFR Cluj breached his “right to effective occupation and his right to perform his job according to the contract and the law despite the fact that he notified the club of his desire to fulfil the assumed contractual obligations”.

39. Given the above, the player stressed that his de-registration from the A-List of the Romanian PFL amounted to just cause for the termination of the Employment Contract. He then requested to be awarded the following amounts:

a. EUR 53,036 plus LEI 1,521 as outstanding remuneration, broken down as follows: • LEI 129,910 (EUR 24,536 + LEI 1,521) as outstanding salaries for 2022; • EUR 11,500 as the salary of January 2023; and • EUR 17,500 as bonuses awarded in line with clause 4.2 of the Employment Contract.

b. EUR 342,000 as compensation for breach of contract, corresponding to the residual value of the Employment Contract, as follows: • EUR 55,000 as the salaries from February until June 2023; • EUR 144,000 as the salaries from July 2023 until June 2024; and • EUR 143,000 as the salaries from July 2023 until May 2025. c. “default interest of 5% per year on the aforementioned amounts until the effective date of payment”. b. Reply and counterclaim of CFR Cluj

40. On 15 March 2023, the CFR Cluj filed its reply to the claim of the player and lodged a counterclaim against him, Uta Arad, and St. Lörinc. pg. 13

REF. FPSD-9136

41. First and foremost, CFR Cluj highlighted that the player “under the Employment Contract’s terms had the expressed obligation – also in light of the relevant negotiations leading to the Employment Contract’s conclusion – to participate and play for any team of the Cluj” (cf. clauses 5.2 and 5.3 of the Employment Contract).

42. Subsequently, CFR Cluj explained that on or around 14 February 2022, the player was registered with the FRF and with the Romanian PFL as part of its team. Furthermore, it submitted a letter issued by the Romanian PFL on 13 March 2023 stating that he remained registered “until 15 February 2023, when he was registered as a player of AFC UTA Arad, as a result of the international transfer request made from St Lorinc KFT team (Hungary)”.

43. CFR Cluj explained that during 2022, the player participated in matches with its first and the second team and had never raised any complaint about it “being perfectly aware that he had a contractual obligation to play for the second team”. Moreover, he also participated in trainings with the first team at the highest standards and in full compliance of the

Employment Contract.

44. Notwithstanding the above, CFR Cluj confirmed that in January 2023, its coaching staff decided not to include the player in its A-List to the Romanian PFL. In this respect, it argued that the exclusion was temporary and could be reverted before the termination of the Employment Contract of the player – especially considering that it had an extra spot for non-European players.

45. In parallel, CFR Cluj explained that the player was never prevented from training with the first team, as well as his salaries were timely paid meaning that no breach of contract from its side existed. However, CFR Cluj alleged that the player did not engage in good faith negotiations and urged to terminate their employment relationship to seek new employment.

46. In particular, CFR Cluj argued that at the time of the termination, the player was already negotiating his return to Uta Arad. Indeed, it maintained that the player started training with Uta Arad on 6 January 2023, i.e., right after the termination of the Employment

Contract.

47. As to the player’s contract in Hungary, CFR Cluj pointed out that Uta Arad and St. Lörinc “fabricated a transfer, for unknown reasons” and violated the FIFA regulations to this extent.

In CFR Cluj’s view, the subsequent transfer of the player from St. Lörinc to Uta Arad on the same day of his registration in Hungary showed that Uta Arad was indeed the interested party in retaining the player’s services.

48. Based on all the abovementioned considerations, CFR Cluj stressed that the player terminated the Employment Contract without just cause. It further underlined that no abusive conduct took place from its part, and the player was the one trying to evade from his contractual obligations. It made the following remarks in this regard: pg. 14

REF. FPSD-9136 “- One: the player was hired (and expressly agreed thereto), at the time of the Employment Contract’s conclusion, to player for either the first and/or the second

team of [CFR Cluj], which is clearly confirmed by unambiguous provisions of the Employment Contract. [...] - Two: the player’s own conduct confirms that he was fully aware to have, under the Employment Contract’s terms, the obligation to play for the second team of [CFR Cluj], if so required. - Three: As demonstrated above, the player, during his time with [CFR Cluj], was continuously registered with the FRF and [PFL] and, hence, fully able, and eligible to perform his activity as professional football player. Hence, the player – unlike to his assertion – was at no time barred to exercise his activity as football player. - Four: [CFR Cluj] ensured that also for the remainder of the 2022/23 sporting season the player had full access to competitive football at the highest level. Even if the player would have been prevented from playing from January 2023 in league matches of the first team of [CFR Cluj], in any case, the player at all times would have access and would have been eligible to player official matched for [CFR Cluj] in the third Romanian league, the Romanian Cup Competition as well as the UEFA Conference League matches. Hence, the player’s career as a football player, in any case, would have never been compromised in any way whatsoever. - Five: in any case, on 2 February 2023, i.e., the date of the player’s unilateral termination of the Employment Contract, there was, in accordance with relevant provisions of the FRF and PFL, a slot for the player’s inclusion in said A List in order to play for the remainder