TAS / CAS TRIBUNAL ARBITRAL. DU SPORT ANN ||] couRTor arerraron Fon spon TRIBUNAL, ARBITRAL DEL DEPORTE (CAS 2021/4/8086 RKS Rakéw Czestochowa S.A. v. Emir Azemovie & FIFA CONSENT ARBITRAL AWARD delivered by the COURT OF ARBITRATION FOR SPORT sitting in the following composi Sole Avbitrtor: _MrMark A. Hovell, Solicitor in Manchester, United Kingdom RKS Rakéw Czestochowa S.A, Czestochowa, Poland Represented by Kamil Kesior, Attomey-at-lasy, Krakow, Poland Appellant and Pmir Azemovic, Montenegro Represented by Mirko Poledica and Filip Blagojeve, Sindikat Profesionlnih.Fudbalera Nezavisnost (Union of the Professional Footbal Payers of Seria), Belgrade, Serbia First Respondent « Fear jon Internationale de Football Association, Zrich, Switzerland Represented by Mr Alexander Jacobs, Senior Legal Counsel, FIFA Litigation Department, Zovich, Switzerland Secoad RespondentTRIBUNAL ARBITRAL DU SPORT COURT OF ARBITRATION FOR SPORT TRIBUNAL ARBITRAL DEL DEPORTE 0. Parris RKS Rak6w Czestochowa S.A. (the “Club” or the “Appellan”) is a professional football cub with its registered office in Czestochowa, Poland. ‘The Appellant is a ‘member of the Polish Football Assocation (the “PZPN"), which in tunis aliiated with the Fédération Intemational de Football Association, Emir Azemovie (the “First Respondent" or the “Player”) is a professional football player of Montenegrin nationality, Fédération Intemationale de Football Association (the “Second Respondent” ot “EIFA")is the intemational governing body of football, with its headquarters in Zieh, Switzerland The Appellant, the Fitst Respondent and the Second Respondent shall collectively be ‘referred to asthe "Parts" FACTUAL BACKGROUND, (On 20 une 2019, the Club and the Player entered into an employmert contract, valid from I uly 2019 until 30 June 2022 the “Conteac”), Pursuant to clause 2 of the Contract, the Club undertook to pay the Player as follows’ ‘4, Forthe 2019/20 season: An annul gross salary of PLN 481,435 36, divided into ‘monthly instalments of PLN 40,119.63, equivalent to a net monthly salary of EUR 7.000, ‘For the 2020/21 season i. An annual gross salary of PLN $15,822.16, divided into monthly instalments of PLN 42,985.18, “if she Player played at least 1800 ‘minutes in Bksroklasa fest ter tn Poland) in the Chis fist fam i season 2019720"; oF ii, Am annual gross salary of PLN 481,435.56, divided into monthly instalments of PLN 40,119.63, "if the Player played less than 1800 ‘minutes in season 2019/20 in Ekstraklasa fist erin Poland) in Club's rst teams For the 2021/2 season 4. An annusl gross salary of PLN 515,822.16, divided into. monthly instalments of PLN 45,208.64, "Ifthe Player played less than 1800 ‘minutes in Bkstr alas (rt rein Poland) in Club's first team in season 2020/21": oF{CAS 202A RDN RAS Ran Cracow SA TRIGUNAL ARBITRAL DU SPORT COURT OF ARBITRATION FOR SPORT TRIBUNAL ARBITRAL DEL DEPORTE Ji, Am annual gross salary of PLN $50,208.64, divided into. monthly instalments of PLN 45,850.72, "ifthe Player played more than 1800 ‘minutes in Ekstraldasa (frst ter in Poland) in Club's fist tam is season 202021" Clause 7of the Contract provided that “Any daputes concerning the validity, existence or termination ofthe Contract shall be setled by the competent authorities of the Polish Football Associaion, acting in ‘accordance with separate regulations. Property disputes arising from this Contract Shall be the competence of the Football Arbitration Court”. (the “Arbitration Clause”) Further Clause 8 ofthe Contract provided that “An integral part ofthis Contract are the [..} (rules governing the relations berween ‘the sports club and «professional player), adopted by Resolution ofthe Polish Football Association's Board (No HIUS4 27/03/2013), which is enclosed to this Contract”. This resolution no, IIUS4 of the PZPN, dated 27 March 2015 and furtker amended on 25 June 2020 on the “Minimum Requirements for Standard Player Contracts inthe Professional Footbal Sector” (he “Resolution”) provides the following, et Amicle aKa ‘The club has the righ to walatrally terminate the Contract for reasons atributable to the Player through a statement submited 0 the Player in writing under pain of lity, only the following eases: by 4 The Player has nov been present at training sessions ot least three times in period of consecutive six months (regardless of whether ina calendar year arin ‘a Competition Season) without presenting a written excuse tothe Club within 7 ‘days ofthe absence, provided thatthe declaration of termination ofthe Contract Is submitted by 10 January or 10 dys after the end of a gen Competition Season, respectively, depending on whether the Player's absence took place ‘within the st-month period ended before one ofthe above-menioned dates Inearly Jenvary 2020, the Club aranged a meeting with the Player, t which the Player ‘was informed that he was no longer required forthe firs eam, that ke would not be travelling with them for the Club's pre-season tour in Cyprus and that he would be demoted tote second team. n 16 January 2020, the media reported thatthe Player and another teammate, Andria [Lukovié had been excluded from the Club's pre-season tour in Cypas, On 20 January 2020, the Club represented by Me Wojciech Cygan, resident of the Management Board, issued a leter to the Player notifying him that effectiveTRIBUNAL ARBITRAL. DU SPORT COURT OF ARBITRATION FOR SPORT TRIBUNAL ARBITRAL DEL DEPORTE 2, 2, Immediately, he was “a player ofthe second team of [the Club], with Tomasz Kuma asthe head coach”. (0n 21 February 2020, Mr Domini Pbenbeng, a representative of the Club contacted the Player vin WhatsApp informing him thatthe oviner had decided to pay the Player ‘salary for February and half of salary fr March [..] immediately (on Monday)” as fall and final settlement forthe termination ofthe Conia, (On 12 March 2020, the Polish government suspended all sporting activity duc to the ‘onset of the Covid-9 pandemic. ‘013 March 2020, Mr Dominie Bhenbeng contacted the Player on WhatsApp on bel of the Club, asking whether the Player would be “interested in fermisaring now with ‘march and april 0 be paid?” [sc]. The Player responded the same day, stating that he ‘was “not interested in terminating [his] contract” and that it was “not worth the 2 salaries to tak the risk and maybe be without a cub ill nex year (On 14 or 15 March 2020, the Player travelled to Austria with bis family. On 26 March 2020, Mr Cygan was reported by the media to have discussed the contractual situation ofthe Player, among ather players ofthe Club He was reported to Ihave stated that ‘EJ This situation has absoluely nothing 10 do with the prevailing coronavirus epidemic. Payers have fong know tha they have litle chance ta pleying inthe frst team, and their ambitions are defintely higher sham playing in our fourth league (On April 2020, the Chub informed the Player, “..} from che point of lew of generally ‘applicable law tat he was "not ented to receive remuneration fr the provision of football services forthe period of non-performance ofthese services ie, from 13" of ‘March, 2020", By way ofa further letter dated 6 April 2020 the Club informed the Payer tht due to Covid-19, it was unable to bear the costs of his remuncration and furthethat intended to “pursue legal action to have the (Contract, legally dissolved” On 15 April 2020, the Player trvelled back ftom Austria to Poland, where he was required to quarantine fora period of 1 days inaccordance with applicable government regulations a the time On 18 April 2020, the Club informed the Player that his relegation to the second team had been “withdrawn”, that he was promoted back tothe fist tam with immediate effet and that the next taining session was on 20 April 2020, In reply, on 19 April 2020, the Player informed the Club that a he wasstubjec to a L4- ay quatantine it would be impossible for him to attend any training sessions until 29, April 2020. The Player also requested forthe payment of his oustanding salary for March 2020, which was unilaterally withheld by the Club,‘TRIBUNAL ARBITRAL DU SPORT COURT OF ARBITRATION FOR SPORT ‘TRIBUNAL ARBITRAL DEL DEPORTE 23 24, 25, % 2 28 2, 30, 31 Following the Player's absence from first team training on 20 Apxil 2020, the Club ‘summoned th Player to atenda disciplinary meeting ofthe “Club's Beard’ on 23 April 2020. Whilst the Player agreed to attend, he also noted that it would be inappropriate to impose any disciplinary sanctions on him, given that he wis under the reasonable assumption that he had heen demoted tothe second team. Notwithstrding, the Player ‘proposed that he takes the 14 days spent in quarantine a pad leave" inaccordance with the tems of the Contact ‘The Club's positon, reiterated in its Ioter of 23. April 2020, was tha it had not authorised the Player to leave Poland and therefore the Player's in bility to fulfil his contractual obligations due t the imposed quarantine isthe sole responsibility ofthe Player, {As such, on 24 April 2020, the Club invited the Player to a rescheduled dissiplinary meeting 0n 27 Apel 2020. In response, on 25 April 2020 the Player stated that he would attend and reiterated his offer to designate his 14 days spent in quarantine as “paid leave” in accxdance with his employment contact, He also offered t reduce his salaries forthe month of April — June 2020 by 20% and from July to September 2020 by 10%. (On 30 April 2020, the Club sanctioned the Player with «fine of PLN 15,000, By a separate Teter issued four minutes Inter, the Club notified the Player that it had unilaterally terminated the Contract, pursuant o decision dated 29 April 2020. On 4 August 2020, the Player signed a contract with Aluminij FC n Slovenia at a monthly salary of EUR 1,500 (the “Aluminij Conteact). He only reeived his work erm to Start playing with Atuminj FC in December 2020, On $ August 2020, Aluminj FC wrote tothe Club asking them to sign a Thind Party ‘Oumership deslaration, The Club refused to do so unless the Player confimed in writing ‘that (the Club had no outstanding obligations towards the Player; fr which (i) the Player would not file «claim agains it ‘On 21 October 2020, the Player led claim for breach of contract against the Club before the FIFA Dispute Resolution Chamber (the “FIFA DRC’) (0n7 May 2021, the FIFA DRC issued the findings ofits decision as fellows: “I. The claim ofthe Clatmara, Emir Azemovic s accepted 2. The Respondent, RKS Rakow Czestochowa, has 10 pay 10 the Claimant, the following amount: > BUR 4,000 as outstanding remuneration plus 5% interest pa. as from 11 April 2020 until she dave of effecive payment, > EUR 7,000 as outstanding remuneration plus 5% interest pa. as from 11 ‘May 2020 until te date of effcive payment{AS 202/48 KS Han Cnn SA TRIBUNAL, ARBITRAL. DU SPORT (COURT OF ARBITRATION FOR SPORT TRIBUNAL ARBITRAL DEL DEPORTE 2 mt, 23 4. 38. 36. ¥. 38 2% 40, 41 > EUR 153,500 as compensation plus 5% interest pa. as rom 21 October 2020 unt she date of efetive payment 3. Ary further claims of the Claman are rejected. bl" (the “Appealed Decision”) ‘On 31 May 2020, the FIFA DRC notified the Parties ofthe grounds 3f the Appeated Decision. [PROCEEDINGS BEFORE THE COURT OF ARBITRATION FoRSPORT: (On 21 June 2021, the Club filed its Statement of Appeal against the Player and FIEA, with the Court oP Arbitation for Sport (the “CAS") in accordance with Article R47 and R48 of the Code of Sponts-related Arbitration (the “CAS Code”). In its Statement of Appeal, the Club nominated Mr Mark A. Hovell as sole arbitrator fr te dispute [By way ofa letter dated 28 June 2021, the CAS Court Office invited the Respondents {o indicate whether they agreed tothe appointment of Mr Hovell as sole arbitrator, as suggested by the Appelant. On 29 June 2021, the Player consented to the appointment of Mr Hovell as sole arbitrator in the proceedings (On | July 2021, the Club fled its Appeal Brief in accordance with Atcle RSI ofthe CAS Code On S July 2021, FIFA also consented to the appointment of Mr Hovell s sole arbitrator inthe proceedings (01.22 July 2021, the CAS Cour Office notified the Paris that in the absence of any challenge, Mr Hovell, Solicitor in Manchester, UK hd been appointed as Sole ‘Arbitrator co hear the presen dispute. On 4 August 2021, the CAS Court Offic notified the Parties that follwing the Club's Payment ofits share of the advance of cost, the Player and FIFA had 2 days to submit their Answers tothe CAS, In the same letter, the CAS Court Office als invited the Player and FIPA to comment ‘on the Club's request forthe produetion of "bank account statements fram August 2020 until today, from all relevant bank accounts to which he receives payments from the ‘lub NK Alumni in order 1 establish the real amount of remuneration to which Mr ‘Emir Azemovie is enttled in elation tothe contraction relationship wits. NK Alumini In accordance with Anicle RSS of the CAS Code, FIFA and the Payer filed their Answers on 3 September 2021 and 7 September 2021, respectively.TRIBUNAL ARBITRAL. DU SPORT (COURT OF ARBITRATION FOR SPORT TRIBUNAL ARBITRAL DEL, DEPORTE 2 42. 4. 4, a, 48, 4, 50. SL (028 October 2021, after considering all the Parties" availability, the CAS Court Ofice informed the Panis that a heating. would take place by videoconference on 10 December 2021 (On 15 November 2021, the CAS Court Office communicated the Onder of Procedure ta the Paros On 16 November 2021, FIFA signed and rtumed a copy ofthe Order af Procedure to the CAS Court Ofiee On 18 November 2021, the Player signed and retuned a copy ofthe Onier of Provedure to the CAS Court Oifie. The Player reiterated his request for an operative award prior to the reasons, given thatthe ameunts sought by him were erucal “be his financial ‘0n 30 Novernber 2021 the Club signed and returned a copy of the Order of Procedure to the CAS Court Offic, (On 6 December 2021, the CAS Court Office notified the Parties that em the request of the Club, the hearing on 10 December 2021 was cancelled and rescheduled to 14 Sanuary 2022. (On 12 Jannary 2022 and subsequently on 13 Janvary 2022, respective counsel forthe Club and Player, informed the CAS Court Oftice thatthe Parties agreed to mutally settle the matter, pursuant oa setement agreement signed bythe Club and the Player, ated 12 January 2022 (the “Settlement Agreement"), As suc it was requested that the Sole Arbitator 4. Suspend the hearing scheduled for 14 January 2022; and Ratify and embody the Settlement Agreement in a Consent Arbiteal Award (On 13 January 2022, in light ofthe Player's and Club's request, the CAS Coun Oiice informed FIFA of the Setdement Agreement and notified all Parties that the heating Scheduled for 14 January 2022 had been adjourned Tie SETTLEMENT AGREEMENT The Club and the Player signed the Setlement Agreement on 12 Janusy 2021. ‘The Sole Arbitrator has been requested to ratify the Settlement Agroenent The Settlement Agreement concluded hetween the Player and the Club provides as fallow: “The Club and the Payer are hereinafter collectively referred to as the Paris, The appearing Parties mutually recognize each other's full eapacity and legal standing‘TRIBUNAL. ARBITRAL DU SPORT meee ene COURT OF ARBITRATION FOR SPORT TRIBUNAL ARBITRAL DEL DEPORTE ‘enter into this Settlement Agreement [..], hereby expressing their tre will (without there being any defeet im graming thelr consent) as well as the fill free of their representations. Whereas On 6 May 2021, the FUPA DRC issued a decison inthe case with ref. no, 20- (01536 (FPSD-278), whereby FIFA, inter alia, ordered the Club to pay the Player the allowing amounts: (1) EUR 4,000 as outstanding remuneration plas 3% interest pa ‘from 11 April 2020 unl the dae of effective payment: (2) EUR 7,009 as outstanding, remuneration plus 3% interest pa. as from I May 2020 until the date of effective ‘payment and (3) EUR 133,300 as compensation pls 3% interest pa. ax from 21 (October 2020 until the date of effective payment (he “Decision’) 1}. The Club appealed the Decision and filed the Statement of Appeal before the Count of Arbitration for Sport (°CAS") and the mater was assigned wih he following case reference no. Cas 2021/4/8086 (ihe "Appeal”) © Thepartes have agreed o finally and amicably setle the Appeai under the terms «an conditions stipulated herein ‘Therefore, the Parties agree as follows L tement ofthe Appeal LL The Parties hereby mutually agree and consent 10 setle amicably and definitively the Appeal which derives from the Decision. 12. TheSetlement Agreement is conditional upon: +The signatare of this Setlement Agreement. + all payment ofthe aosouns within the presribed dead. + Bach party will bear is own legal costs regarding the presen disput, ‘©All costs derived from the Appeat (CAS and Sole Arbitrator’ fees) shall ‘be borne By the Club. Any remaining advance of casts derived from the (Club shall be reimbursed to the Club once the CAS Court Office provides withthe liquidation. 13. Invirtue ofthe foregoing, with he signature and full payment ofthis Settlement Agreement ©The Player trevocably renounces to claim from the Club any amounts “and/or considerations which derive from the Decision ant he agrees that dhe has no remaining or other claims against the Cb wit respect to ther ‘employment relationship based on the Professional Football Contract ‘concluded n 20 June 2019 (the "Contract", the subjet matter of theAS RANE RAS an Crna TRIBUNAL ARBITRAL DU SPORT COURT OF ARBITRATION FOR SPORT TRIBUNAL ARBITRAL DEL DEPORTE Decision and the Appeal and undertakes he shall not pursue any such farther claims in any fore. * The Club irrevocably commits to pay directly to Mr Azemovie the amounts detailed inthe subsequent clause 1-4 of this Setlement agreement. By a bank transfer tothe bank account indicated by the Player. Any delay of ‘payment caused by the lack of receipt by the Club ofthe abovementioned ‘norfieation on time shall not be deemed as a responsiblity ofthe Club ‘Therefore, such delay shall nor be regarded as a wolation of this ‘Settlement Agreemen! which shal remain in fll force and effect. The Parties have been legally advised ofthe importance and ofthe legal consequences ‘the presen clause and they insist on iss implementation Ma. 20 The Parties agree as follows: +The Club acknowledges and freely accepts to pay Mr dzemovie as fill damage compensation the amount of EUR 184,000.00 (ONE HUNDRED FIFTY FOUR THOUSAND EUROS), which shall be paid in the following manner. 1) EUR 77,000.00 (SEVENTY SEVEN THOUSAND EUROS) shall bbe paid by 17 January 2022; 2) BUR 77,000.00 (SEVENTY SEVEN THOUSAND EUROS) shall be pal by 15 July 2022 + The Player cdectares thas umely payment of che amount speed in clause 1 ofthis Setloment Agreement exhausts any and al lain ofthe Player ‘against the Club wnder any basis whatsoever, including the Contract, the Decision and the Appeal, an he wndertakes nt to raise any further claims ‘against the Club Before any forum. Amounts 17 the Club fails to comply with the foregoing payment schedule the Player will ‘be emtifed to request the jurisdictional bodies of FIFA (Included the Disciplinary Commitee) 10 open disciplinary proceedings against the Chub on ‘the basis ofthe FIFA Regulations and Disciplinary Code, as wall as to take any ‘measures which might be deemed appropriate inorder 10 force the Club fo pay ‘him the corresponding amounts specified in the Decision decreased by any and ‘all camounts that have already been paid by the Club (the. "Outstan Amount’) if, for any reason, the FIFA Disciplinary Commitee does not open ‘proceedings agains! the Club and in such situation the Player neds o g0 agin ‘through the FIFA Dispute Resolution Chamber procedure, he shall be entitled ‘claim interes of5%p.a accrued on the Outstanding Amount as from the date of filing by the Player of the statement of claim before the FIFA DRC ie. 31 ‘Getoder 2020, uni the dete of effetive payment of the Oustacing AmountTRIBUNAL, ARBITRAL.DU SPORT COURT OF ARBITRATION FOR SPORT ‘TRIBUNAL. ARBITRAL DEL DEPORTE 33 5s, 56 30 58 VL 5, 6. TuruspreTion Anicle R47 of the CAS Code provides a follows “Am appeal against the decision of «federation, association or sports-elaed body may be fled with CAS if the statutes oF regulations of the said body s0 provide or if the parties have concluded a specific arbitration agreement and if the Appellant has exhausted the legal remedies available ot prior tothe appeal, ts accordance with the ‘Siatutes or regulations of tha body. An appeal may be filed with CAS against an award rendered by CAS ating aso fist Instance tribunal if such appeal has been expressly provided by she rules of the Federation or sports-body concerned.” Pursuant o Anite $7 of the FIFA Statutes, FIFA recognises the jurisdiction ofthe CAS. to “resolve disputes between FIFA, member associations, confederations, leagues, clubs, players, officials, intermediaries and lcensed match agen” Farther pursuant to Aticle 582) of the FIFA Statues, “Recourse may any be made 10 (CAS afterall ether internal channels have been exhausted” tis not dispute that these proceedings involve an appeal against «decision rendered by the FIFA DRC, which further provided for a right of appeal to the CAS. Furthermore the jurisdiction of the CAS was nt disputed hy the Patios who confimed this by the Order of Procedure duly signed by all Parties, i follows thatthe CAS has jurisdiction to hear this dispute. RATIFICATION AND INCORPORATION OF THE SETTLEMENT AGREEMENT RY CAS, In accordance withthe second sentence of Article RS6(2) of the CAS Code “..) Any selement may be embodied in a arbitral award rendered by consent ofthe partes, ‘Therefore, the Sole Arbittator is expressly allowed fo issue an Award embodying the terms of the seilement if all parties to the dispute agree. The Sole Arbitrstr's endorsement of the Settlement Agreement and is incorporation in an award serves the ‘obvious purpose of making easier the enforcement of the Settlement Azreement, [Whilst he Sotlement Agreement was entered into by the Club and the Payer, the Soe Arbitrator notes that FIFA has not objected to the Sotlement Agnement. Further, FIFA’sinvolvement inte matte at hind was to defend the Club's ela that the dispute between itand te Player should have been dealt with Fis instance by “the competent ‘uhoriies ofthe Polish Football Association” and not by the FIFA DRC. As the Club fad the Player have now sete their dispate, the isue as to whete the first instance nearing should have taken place is moot. As such, all Parties tothe dispute have agreed toembody the Settlement Agreement in a Consent Award, However, as any settlement "may’” be embodied in an award, its up to the Sole Arbitrator to wey the bona fide(CAS 20214046 RKS Ran Capon SA TRIBUNAL ARBITRA. DU SPORT (COURT OF ARBITRATION FOR SPORT TRIBUNAL. ARBITRAL DEL, DEPORTE a 6 vu. 6, ofthe Settlement Agreement, so that the consent avard mechanism isnot manipulated by the Paes asin instrument of fraud, and to acknowledge that the settlement terms ‘are not contrary to public policy principles and mandatory roles. ‘The Sole Arbitrator, having reviewed the text of the Setlement Agreement and the evidence on fils, finds no reason to objest of disapprove the terms cf the Settlement ‘Agreement und is satisfied thatthe agreement constitutes a ona fide stlement of the Aispate of which he was seize, Accordingly, by consent, an Awanl is made directing the Club and the Player to fully comply with all he terms of the Settlement Agreement, The Setlement Agreement and Consent Avard tenminates the arbitral proceedings: CAS 2021/A/B486 RAS Rakbw Cepstochowa S.A. v. Emir Azemovie & FIFA Costs ‘As noted above (at paragraph 52 of this Consent Avsard), Clause 1.2 ef the Setlement ‘Agreement stated the following regarding the issue of costs: 112. The Settlement Agreement is conditional upon: fol + Each party wil bear its own legal costs regarding the present dispute +All costs derived from the Appeal (CAS and Sole Arbtrtor’s fees) shall te bore by the Club Any remaining etvance af costs derived foom the CCl shall be reimbursed tothe Club once the CAS Coun Office provides ‘with the tigation ‘There was no reference to FIFA's postion on costs in the Settlement Agreement, ‘however, the Sole Arbitrator notes that the costs of the arbitration are te be bore by the ‘Club and chat FIFA did no retain external counsel, so the Sole Arbitator determines that: 44 the costs of the abittation (to be notified by the CAS Court Office) shall be tome by the Club; and '. cach Party shall bear its own costs and expenses, if any, izcured in these proceedings. All other motions or prayers for relief ae dismissed,TRIBUNAL ARBITRAL DU SPORT neta ER Pag (COURT OF ARBITRATION FOR SPORT TRIBUNAL ARBITRAL DEL DEPORTE ON THESE GROUNDS ‘The Court of Arbitration for Sport rules th 1, The Settlement Agreement submitted t0 the CAS Court Office by RKS Rakéw C2gstochowa S.A, and Mr Emir Azemovie on 13 January 2022 is hereby ratified by the CCAS with the consent of the Parties and its relevant terms are incorporated into this axbital ava, 2. The arbitral procedure CAS 2021/4/8086 RKS Rakbw Czestochowa SA, v Emir Azemovic 4 FIFA is terminated and deleted from the CAS rol 3, RKS Rak6w Czestochowa S.A. and Mr Emir Azemovie are hereby ordered to perform the obligations and duties as per the Settlement Agreement referred to above, 4, The arbitration costs tobe detemined and served to the Parties by the CAS Court Office shall be home by RKS Rakéw Czestochowa S.A. 5. Each Party shall bear is own costs and expenses sustained in connection with these arbitration procedures, 6. _Allother motions or prayers fr relief are dismissed, Seat of atitaton: Lausanne, Switzerland Date: 16 May 2022 ‘THE COURT OF ARBITRATION FOR SPORT. “Mark A. Hovell Sole Arbitator