TAS - CAS 2026-A-12098

CAS 2026/A/12098 Football Club Ordabasy v. Yevhenii Makarenko

ARBITRAL AWARD delivered by the

COURT OF ARBITRATION FOR SPORT

sitting in the following composition:

Sole Arbitrator: Mr Benoît Pasquier, Attorney-at-law in Zurich, Switzerland

between

Football Club Ordabasy, Kazakhstan Represented by Mr Paul Greene, Mr Ryan Lipes and Ms Amanda Wendorff , all attorneys-atlaw at Global Sports Advocates LLC, United States of America

and

Yevhenii Makarenko, Spain Represented by Mr Adrii Kharytonchuk, Counsel, SpainCAS 2026/A/12098 2

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I. PARTIES

1. Football Club Ordabasy (the “Appellant” or the “Club”) is a professional football club based in Shymkent, Kazakhstan. The Club currently competes in the Kazakhstan Premier League and is affiliated with the Football Federation of Kazakhstan

(the “FFK”), which in turn is a member of the Union of European Football Associations (“UEFA”) as well as the of the Fédération Internationale de Football Association

(“FIFA”).

2. Mr Yevhenii Makarenko (the “Respondent” or the “Player”) is a professional football player of Ukrainian nationality, who is currently employed by Football Club Kyzylzhar.

The Club and the Player are jointly referred to as the “Parties”.

II. FACTUAL BACKGROUND

3. Below is a summary of the main relevant facts and allegations based on the Parties’ written and oral submissions and documentation produced in this appeal. Additional facts and allegations may be set out, where relevant, in connection with the further legal discussion. While the Sole Arbitrator has considered all the facts, allegations, legal

3. Below is a summary of the main relevant facts and allegations based on the Parties’ written and oral submissions and documentation produced in this appeal. Additional facts and allegations may be set out, where relevant, in connection with the further legal discussion. While the Sole Arbitrator has considered all the facts, allegations, legal arguments and evidence submitted by the Parties in the present proceedings, he refers in this Award only to the submissions and evidence he considers necessary to explain its reasoning.

A. The Employment Contract

4. On 10 July 2023, the Player and the Club signed a fixed -term employment contract No. 124, valid from 10 July 2023 until 10 November 2025 (the “ Contract”). The Contract was drafted and signed in Russian. The Appellant submitted a translation from Russian to English by a professional translator , which has not been challenged .

Therefore, the English translation will be relied on in these proceedings.

5. According to Clause 3.1, the Club undertook to pay the Player the monthly wage of

KZT […] gross and KZT […] net as stipulated in Appendix No. 1 of the Contract (the “Appendix No. 1”). The translation of the relevant provision reads as follows: “1. The Employer shall pay the Employee a monthly salary in the amount of […] tenge (gross), of which […] tenge (net).”

6. Clause 3.2 states that the wage shall be issued to the Player no later than the 10th day of the following month. The translation of Clause 3.2 reads as follows: “3.2 The wages shall be issued to the Employee no later than the 10th of the following month with deduction of taxes and other mandatory payments and deductions in accordance with the Legislation.”

7. On the same day , the Parties concluded an additional agreement to the Contract

(the “Additional Agreement ”) in Russian. For the present proceedings, theCAS 2026/A/12098 3

month with deduction of taxes and other mandatory payments and deductions in accordance with the Legislation.”

7. On the same day , the Parties concluded an additional agreement to the Contract

(the “Additional Agreement ”) in Russian. For the present proceedings, theCAS 2026/A/12098 3

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professional English translation will be used. The translation of Clause 1.1 of the Additional Agreement reads as follows: “1.1. The "Parties" have come to an agreement on stimulating the Employee by means of bonuses, setting it out in the following wording in paragraph 3 of Appendix No. 1 to the Employment Contract: "The Employer undertakes to pay monthly bonuses, including compensation payments for unused days of labour leave in the following order: 1. until August 10, 2023 - […] tenge (gross), including […] tenge (net); 2. until September 10, 2023 - […] tenge (gross), including […] tenge (net); 3. until October 10, 2023 - […] tenge (gross), including […] tenge (net); 4. until November 10, 2023 - […] tenge (gross), including […] tenge (net); 5. until December 10, 2023 - […] tenge (gross), including […] tenge (net); 6. until March 10, 2024 - […] tenge (gross), including […] tenge (net); 7. until April 10, 2024 - […] tenge (gross), including […] tenge (net); 8. until May 10, 2024 - […] tenge (gross), including […] tenge (net); 9. until June 10, 2024 - […] tenge (gross), including […] tenge (net); 10. until July 10, 2024 - […] tenge (gross), including […] tenge (net);

9. until June 10, 2024 - […] tenge (gross), including […] tenge (net); 10. until July 10, 2024 - […] tenge (gross), including […] tenge (net); 11. until August 10, 2024 - […] tenge (gross), including […] tenge (net); 12. until September 10, 2024 - […] tenge (gross), including […] tenge (net); 13. until October 10, 2024 - […] tenge (gross), including […] tenge (net); 14. until November 10, 2024 - […] tenge (gross), including […] tenge (net). 15. until December 10, 2024 - […] tenge (gross), of which […] tenge (net); 16. until March 10, 2025 - […] tenge (gross), including […] tenge (net); 17. until April 10, 2025 - […] tenge (gross), including […]; […]”

8. The Additional Agreement contains further bonus provisions of which clauses 1.2.1 and 1.2.10 are relevant for the present proceedings and read as follows: “1.2.1. In the event that the team secures 1st place in the Kazakhstan Premier League Football Championship for the 2023, 2024, or 2025 season, and the Employee was registered with the Club in the respective season on the day of the last match of the season, the Employer undertakes to pay a bonus in the amount of […] tenge (gross), of which […] tenge (net). […] 1.2.10. In addition to the individual bonuses listed above, the Employee shall also be entitled to receive collective bonuses, at the level and in the manner established by the Club for other players of the first team "Ordabasy".”

9. The Additional Agreement does not include specific due dates for the monthly bonuses.

However, Clause 3.4 of the Additional Agreement provides that all ter ms and obligations of the Employment Contract not affected by the Additional Agreement shall

Club for other players of the first team "Ordabasy".”

9. The Additional Agreement does not include specific due dates for the monthly bonuses.

However, Clause 3.4 of the Additional Agreement provides that all ter ms and obligations of the Employment Contract not affected by the Additional Agreement shall remain in full legal force.CAS 2026/A/12098 4

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10. The Contract further holds in clause 2.4 preliminary sentence and in clause 2.4.10 the following: “2.4 The Employer is obliged: […] 10) to compensate for harm caused to the life and health of the Employee during the performance of his labour (official) duties in accordance with the Code and other laws of the Republic of Kazakhstan;”

11. The Contract further holds in clause 2.4 preliminary sentence and in clause 2.4.15 the following: “2.4 The Employer is obliged: […] 15) to ensure, at his own expense, the timely completion of preventive, preliminary and mandatory medical/dental examinations of the Employee, and, if necessary, provide medical treatment to the Employee by qualified personnel during the performance of his work duties;”

12. The Contract does not foresee any termination clause as it is fixed term in the meaning of the following clauses 8.1-8.3 of the Contract: “8.1 Date of conclusion of the Employment Contract: 10.07.2023. 8.2 Date of commencement of work by the Employee: 10.07.2023. 8.3 This Employment Contract is valid until November 10, 2025.”

13. On 31 August 2023, the Club concluded an agreement about bonuses for the main team at the end of the 2023 season (the “ First Bonus Agreement ”). The First Bonus Agreement states the Club, represented by its president Abdubaitov B.T. at the time, the

13. On 31 August 2023, the Club concluded an agreement about bonuses for the main team at the end of the 2023 season (the “ First Bonus Agreement ”). The First Bonus Agreement states the Club, represented by its president Abdubaitov B.T. at the time, the head coach, Mr Alexander Sergeevich Sednev, and the team captain , Mr Tagybergen Askhat Tagybergenuly, as parties of this agreement. Apart from the signatures of the president at the time, the head coach and the team captain, 17 players and eight coaching staff signed the First Bonus Agreement, the fifth player’s signature being the signature of the Player.

14. The First Bonus Agreement established a conditional incentive bonus for the main team and the coaching staff at the end of the 2023 season (“Championship Bonus”). It stated: “1.1. If the team takes 1st place in the Football Championship of the Republic of Kazakhstan among Premier League clubs of the 2023 season, the Club undertakes to pay bonuses to the players of the Main Team and the Coaching Staff in the amount of […] tenge (net, net).

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2. In the event of the occurrence of the conditional situations specified in paragraph 1 of this Agreement the Club undertakes to pay the appropriate amounts to the players of the Main Team and the Coaching Staff by March 31, 2024.”

15. On 21 September 2023, the then pres ident Mr Abdubaitov B.T., the head coach Mr Aleksandr Sergeyevich Sednev and the team captain Mr Tagybergen Askhat Tagybergenuly signed a different bonus agreement (the “Second Bonus Agreement”).

The Second Bonus Agreement stated the following: “1.1 In the event that the team secures 1st place in the Championship of the Republic

Mr Aleksandr Sergeyevich Sednev and the team captain Mr Tagybergen Askhat Tagybergenuly signed a different bonus agreement (the “Second Bonus Agreement”). The Second Bonus Agreement stated the following: “1.1 In the event that the team secures 1st place in the Championship of the Republic of Kazakhstan in football among the clubs of the Premier League of the 2023 season, the Club undertakes to pay bonuses in the amount of […] tenge (net).” Unlike the First Bonus Agreement, the Second Bonus Agreement makes no mention of a payment date.

B. Performance of the Contract

16. Following the conclusion of the Contract, the Club won the 2023 Kazakhstan Premier League (Championship), was the runner -up in the 2023 Kazakhstan Cup and reached the second qualifying round of the UEFA Europa Conference League.

17. In 2024, the Club was in fourth place of the Kazakhstan Premier League

(Championship), reached the quarterfinals of the 2024 Kazakhstan Cup and reached the third qualifying round of the UEFA Conference League.

18. On 10 January 2025, the first pre -season training camp for the 2025 season started in Abu Dhabi. After a few days, the Player sustained an injury for which he travelled to Dubai to undergo an MRI examination. Thereafter, he returned to his home in Spain.

19. On 12 February 2025, the second training camp started in Turkey. The Player attended this training camp but was not deemed fit enough by the Club and therefore put on an individual training plan.

20. On 4 April 2025, the Club registered the Player as part of the first team.

C. Notices and termination

21. On 24 February 2025, the Player notified the Club that it had failed to fulfil its obligations regarding payment and that three different bonus payments were outstanding in the total amount of KZT […] (the “First Notice”). The Player requested the Club to fully settle the outstanding amounts within 14 days of receipt.

obligations regarding payment and that three different bonus payments were outstanding in the total amount of KZT […] (the “First Notice”). The Player requested the Club to fully settle the outstanding amounts within 14 days of receipt.

22. On 24 March 2025, the Player sent a second notice to the Club, informing it that the Club had failed to pay salaries for December 2024, January 2025 and February 2025, which were due on 10 March 2025, in the total amount of KZT […] (the “ Second Notice”). Additionally, the Player stated that his share of the team bonus under the FirstCAS 2026/A/12098

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Bonus Agreement remained outstanding. The Player also claimed that he had not been duly registered as a first -team player, that he had been excluded from team activities and that no reimbursement for his medical and travel expenses had occurred.

23. On 8 April 2025, the Club responded to the Second Notice and informed the Player that it had fulfilled all obligations to pay wages in full, that current wages, pursuant to Clause 3.2 of the Contract, would be paid no later than the 10th of the following month, that the Club had paid the Player a bonus for 1st place in the 2023 Championship of the Republic of Kazakhstan and that the Club had no grounds for reimbursement of the air ticket or medical expenses (the “Post Notice Response”).

24. On 9 April 2025, the Player terminated the Contract, referencing the Second Notice and noting that he had received KZT […] on 26 March 2025 but that KZT […] remained unpaid and that the breach had not been remedied within the deadline set in the Second

Notice.

D. Post-termination events

25. On 25 September 2025, the Player signed a new employment contract with the Uzbek

unpaid and that the breach had not been remedied within the deadline set in the Second Notice.

D. Post-termination events

25. On 25 September 2025, the Player signed a new employment contract with the Uzbek club FC Anijon Viloyat which was valid from its signature until 31 December 2025.

III. PROCEEDINGS BEFORE THE DISPUTE RESOLUTION CHAMBER OF THE FIFA

FOOTBALL TRIBUNAL

26. On 29 April 2025, the Player filed a claim before the FIFA Football Tribunal, seeking, inter alia, (i) determination that the Employment Contract was terminated with just cause, (ii) compensation for unilateral termination, (iii) compensation for outstanding salary and bonuses, and (iv) reimbursement of travel and medical expenses.

27. On 25 May 2025, the Club filed its response as well as a counterclaim seeking , inter alia, (i) the rejection of the Player’s claim, (ii) recognition of an unjust termination by the Player, (iii) compensation for the unlawful termination, and (iv) to take possible sporting sanctions against the Player.

28. On 25 July 2025, the Player filed his answer to the Club’s counterclaim.

29. On 13 November 2025, the FIFA Dispute Resolution Chamber (“ DRC”) rendered its decision (ref. FPSD-19067) (the “Appealed Decision”).

30. On 19 December 2025, the FIFA DRC notified the grounds of the Appealed Decision to the Parties.

31. In essence, the FIFA DRC found that the substance of the matter is the justice of the early termination in accordance with art. 14 and 14bis of the Regulations. It found that the question whether the Player was excluded from training or not had not been established through adequate evidence by either party and therefore could not be determined as just cause for early termination. The FIFA DRC then considered that it was undisputed between the Parties that the Player continued to claim having notCAS 2026/A/12098

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established through adequate evidence by either party and therefore could not be determined as just cause for early termination. The FIFA DRC then considered that it was undisputed between the Parties that the Player continued to claim having notCAS 2026/A/12098 7

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received additional remuneration under the Additional Agreement of KZT […] net each between December 2024 and February 2025. It considered that the Club bore the burden of proof for having complied with its financial obligations and that i t did not submit proofs of payment in respect to the amounts claimed by the Player. Consequently, the FIFA DRC concluded that the Player had just cause to unilaterally terminate the Contract and rejected the Club’s counterclaim entirely.

32. The operative part of the Appealed Decision reads as follows: “1. The claim of the Claimant / Counter -Respondent, Yevhenii Makarenko, is partially accepted.

2. The Respondent / Counterclaimant, Ordabasy, must pay to the Claimant / CounterRespondent the following amount(s): - KZT […] net as outstanding remuneration plus 5% interest p.a. as from 1 April 2024 until the date of effective payment; - KZT […] net as outstanding remuneration plus 5% interest p.a. as from 11

March 2025 until the date of effective payment; - EUR […] net as reimbursement for flight tickets plus 5% interest p.a. as from 11 March 2025 until the date of effective payment; - AED […] net as reimbursement for expenses plus 5% interest p.a.as from 11 March 2025 until the date of effective payment; - KZT […] net as compensation for breach of contract plus 5% interest p.a. as from 10 April 2025 until the date of effective payment.

3. Any further claims of the Claimant / Counter-Respondent are rejected.

March 2025 until the date of effective payment; - KZT […] net as compensation for breach of contract plus 5% interest p.a. as from 10 April 2025 until the date of effective payment.

3. Any further claims of the Claimant / Counter-Respondent are rejected.

4. The counterclaim of the Respondent / Counterclaimant is rejected.

5. Full payment (including all applicable interest) shall be made to the bank account indicated in the enclosed Bank Account Registration Form.

6. Pursuant to art. 24 of the Regulations on the Status and Transfer of Players, if full payment (including all applicable interest) is not made within 45 days of notification of this decision, the following consequences shall apply:

1. The Respondent / Counterclaimant shall be banned from registering any new players, either nationally or internationally, up until the due amount is paid. The maximum duration of the ban shall be of up to three entire and consecutive registration periods.CAS 2026/A/12098

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2. The present matter shall be submitted, upon request, to the FIF A Disciplinary Committee in the event that full payment (including all applicable interest) is still not made by the end of the three entire and consecutive registration periods.

7. The consequences shall only be enforced at the request of the Claimant / CounterRespondent in accordance with art. 24 par. 7 and 8 and art. 25 of the Regulations on the Status and Transfer of Players.

8. This decision is rendered without costs.”

IV. PROCEEDINGS BEFORE THE COURT OF ARBITRATION FOR SPORT

33. On 7 January 2026, the Club filed a Statement of Appeal with the CAS against the Respondent with respect to the Appealed Decision, in accordance with Articles R47 and R48 of the Code of Sports -related Arbitration (the “ CAS Code”). In its Statement of

33. On 7 January 2026, the Club filed a Statement of Appeal with the CAS against the Respondent with respect to the Appealed Decision, in accordance with Articles R47 and R48 of the Code of Sports -related Arbitration (the “ CAS Code”). In its Statement of Appeal, the Club requested the appointment of a sole arbitrator and suggested the nomination of a specific arbitrator. The Respondent agreed to refer the matter to a Sole Arbitrator but objected to the one suggested by the Appellant.

34. On 9 February 2026, within an extended time limit, the Club filed its Appeal Brief, pursuant to Article R51 of the Code.

35. On 23 February 2026, the Respondent informed the CAS Court Office that he did not consider it necessary to hold a hearing. Should a hearing nonetheless be convened, the Respondent requested a case management conference with the Sole Arbitrator.

36. On 24 February 2026, the Respondent filed his answer.

37. On the same day, the CAS Court Office issued a Notice of Formation of a Panel, wherein the Director General of the CAS, considering Articles R33, R52, R53 and R54 of the CAS Code, constituted Mr Benoît Pasquier, Attorney-at-law in Zurich, Switzerland, as

Sole Arbitrator.

38. On 27 February 2026, the CAS Court Office acknowledged receipt of the Respondent’s correspondence and noted his position that a hearing was not necessary and that a case management conference should be held only if a hearing were to be convened.

39. On 12 March 2026, the CAS Court Office informed the Parties that, pursuant to Article R57 of the CAS Code, the Sole Arbitrator had decided to hold a hearing (the “Hearing”) by videoconference on 13 April 2026 at 14:00 (CET). The Parties were invited to confirm their availability by 19 March 2026.

40. On 13 March 2026, both the Club and the Player confirmed their availability for the

Hearing.

by videoconference on 13 April 2026 at 14:00 (CET). The Parties were invited to confirm their availability by 19 March 2026.

40. On 13 March 2026, both the Club and the Player confirmed their availability for the

Hearing.

41. On 16 March 2026, the CAS Court Office confirmed the Hearing date and called the Parties and their witnesses to appear.CAS 2026/A/12098

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42. On 20 March 2026, the CAS Court Office provided the Order of Procedure to the Parties, which was duly signed by them.

43. On 13 April 2026, a Hearing was held by videoconference. The Sole Arbitrator was assisted by Ms. Lia Yokomizo, Counsel to the CAS. The following persons attended the

Hearing: For the Appellant:

Mr Paul Greene, counsel; Ms Amanda Wendorff, counsel; Mr Kuanysh Dakaev, legal counsel and representative of the appellant; Mr Askhat Seisembek, witness; Mr Andrey Martin, witness; Mr Mikhael Gurevich, interpreter.

For the Respondent: Mr Yevhenii Makarenko, respondent;

Mr Andrii Kharytonchuk, counsel.

44. At the outset of the hearing, the Parties confirmed that they had no objection as to the constitution of the Panel.

45. During the hearing, the Sole Arbitrator heard evidence from the above -mentioned witnesses. Before taking their evidence, the Sole Arbitrator informed the interpreters and the witnesses of their duty to tell the truth, subject to sanctions of perjury under Swiss law.

46. The Parties were given full opportunity to present their case, submit their arguments and answer the questions posed by the Sole Arbitrator. At the end of the hearing, the Parties

and the witnesses of their duty to tell the truth, subject to sanctions of perjury under Swiss law.

46. The Parties were given full opportunity to present their case, submit their arguments and answer the questions posed by the Sole Arbitrator. At the end of the hearing, the Parties confirmed that their right to be heard and their right to a fair trial had b een fully respected and that they had no objections as to the manner in which the proceedings had been conducted.

V. SUBMISSIONS OF THE PARTIES

47. The following outline is a summary of the Parties’ arguments and submissions which the Sole Arbitrator considers relevant to decide the present dispute and does not necessarily comprise each and every contention put forward by the Parties. The Sole Arbitrator has nonetheless carefully considered all the submissions made by the Parties, even if no explicit reference has been made in the following summary. The Parties’CAS 2026/A/12098

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written submissions, documentary evidence and the content of the Appealed Decision were all taken into consideration.

A. The Club’s Submission (Appellant)

48. The Appellant’s submissions contained in its Statement of Appeal and Appeal Brief may be summarized as follows: a) The Club never received proper notice of the default because Mr Makarenko’ s 24

March 2025 Default Notice was inaccurate - According to article 14bis FIFA RSTP, a Player has just cause to terminate a contract if the following two (2) conditions are met: i) the Club failed to fully compensate a player within 15 days after the player has sent proper written notice of the debt owed and ii) the club has failed to pay at least two months’ salary on the due dates. For any salary which is not due monthly, the pro rata value corresponding to two months owed shall be considered in the calculation. The Club maintains that the notice was

and ii) the club has failed to pay at least two months’ salary on the due dates. For any salary which is not due monthly, the pro rata value corresponding to two months owed shall be considered in the calculation. The Club maintains that the notice was improper and that the Club did not fail to pay at least two months' salary as a two months’ salary amount was not owed to the Player on 24 March 2025. - The Club maintains that the Player had not provided the Club with a proper notice as it included incorrectly sought payments for which it provided the following arguments: o The salary for December 2024 was requested by the Player in the Second Notice although it had already been paid which the Player later on conceded. o The salary payments for December 2024, January and February 2025 accrued on 10 March 2025 but were only due on 10 April 2025 according to the Additional Agreement. - Following the above -mentioned errors and inaccuracies, the Club finds that the Player cannot rely on the Second Notice to justify the application of Article 14bis FIFA RSTP and that the Appealed Decision wrongly accepted outstanding salary payments due to the wrong representation by the Player in the Second Notice. b) The Club did not fail to pay at least two months’ salary - The application of Article 14bis FIFA RSTP requires two months’ outstanding salary payments. Where a player’s salary is not due on an equal monthly basis, a pro -rata calculation over a 12 -month period is necessary. T he Club calculates the pro-rata amount as well as the owed amount to the Player per 24 March 2025 as follows: “[…] tenge (gross)/ […] tenge (net): […] tenge (gross) (monthly salary x 2) + […] (gross) (two-month pro rata amount of guaranteed bonus) = […] tenge (gross)CAS 2026/A/12098 11

“[…] tenge (gross)/ […] tenge (net): […] tenge (gross) (monthly salary x 2) + […] (gross) (two-month pro rata amount of guaranteed bonus) = […] tenge (gross)CAS 2026/A/12098 11

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[…] tenge (net) (monthly salary x 2) + […] (net) (two-month pro rata amount of guaranteed bonus) = […] tenge (net) Amount actually owed by the Club on 24 March 2025: […] tenge (gross)/ […] tenge (net) (monthly salary x 2)” - As the salary payment from the Additional Agreement for the period December 2024 to March 2025 only accrued on 10 March 2025 and became due on 10 April 2025, the amount of KZT […] (gross), KZT […] (net) was not due or owed at the time of the Second Notice. c) Mr Makarenko Did Not Have Just Cause to Terminate the Contract under Article 14bis Because the Club Timely Met All Financial Obligations / - On 24 March 2025, the date the Club received the Second Notice, two salary payments of each […] (gross) KZT, […] (net) KZT, were outstanding. The Club paid these wages two days after the Second Notice after which it considered all its financial obligations towards the Player as met. - The Club’s president was not aware of the First Bonus Agreement at the time of the Second Notice but was aware of the Second Bonus Agreement which had been concluded by the same parties. As this is a conditional incentive bonus, the Club is of the view that the payment for the Player’s share is only due on the expiration of the Contract pursuant to clause 1.2 of the Contract. The Clubs maintai ns that the Second Bonus Agreement supersedes the First Bonus Agreement and did not have a

of the view that the payment for the Player’s share is only due on the expiration of the Contract pursuant to clause 1.2 of the Contract. The Clubs maintai ns that the Second Bonus Agreement supersedes the First Bonus Agreement and did not have a due date but that the Club only undertakes to pay bonuses in the amount of KZT […]. d) Mr Makarenko was not entitled to claimed reimbursements - Because the Player opted to incur the costs for his flight to the United Arab Emirates (“UAE”) and the cost an MRI in Dubai on his own without prior approval of the Club, the Club is of the view that the Player is not entitled to a reimbursement of these costs as he opted to incur these costs on his own, even though the Club was willing and able to provide the same services for him. e) Mr Makarenko Also Had No Just Cause to Terminate Under Article 14 - The Club maintains that the Player was never excluded from the first team. He was placed on a short-term individualised training programme because the coaching staff assessed that his fitness was below the level required for match play. He continued to participate in team meetings, tactica l briefings, and other non -field activities during this time. The programme was a temporary measure to improve the Player’s fitness and intended to allow his reintegration in the Club. A short-term, fitnessbased programme does not amount to "abusive conduct" under Article 14 FIFA

RSTP.CAS 2026/A/12098

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