Soccer's world governing body FIFA failed the fight over whether clubs must release players for the Beijing Olympic Games as sport's highest court announced in Beijing Wednesday to uphold the clubs' appeals.
The Court of Arbitration for Sport (CAS) has ruled the case in favor of Germany's Schalke 04 and Werder Bremen as well as the Spanish soccer giants Barcelona, which filed a joint appeal against FIFA's decision to oblige clubs to allow under-23 players to play for their countries in Beijing.
Barcelona wanted to keep Argentine forward Lionel Messi available for their Champions League third round qualifying matches in mid-August, while Schalke and Werder were trying to keep Brazilian Rafinha and Diego.
"The (CAS) Panel concluded that FC Schalke 04, SV Werder Bremen and FC Barcelona had no legal obligation to release the players Rafinha, Diego and Messi, respectively, for the Olympic Football Tournament Beijing 2008," Matthieu Reeb, Secretary General of the CAS, told an outdoor news briefing Wednesday afternoon at Beijing's Wangfujing Park Plaza.
Reeb also urged FIFA and the clubs to find a solution "in the lights of Olympic spirit" that reaches each party's satisfaction.
"Flexibility will be welcomed," he said.
A further appeal by FIFA has been ruled out, as Reeb said "they could appeal, but probably the decision will be the same."
"The decision only related to the three clubs having made an appeal," added Reeb. "Other clubs, which have similar dispute with FIFA, should filed appeals by the same way."
The senior official of the CAS thus called FIFA to make clear of the player release case with legal basis or to create new rules to prevent such kind of dispute from happening again at the next Olympic Games.
For players who may be willing to play the Beijing Olympics but stimied by their clubs, Reeb called on further discuss between the two parties.
Messi, who had told Spanish media that he would hook up with Argentina as soon as possible, arrived last Friday in Shanghai where his team will compete against Serbia, Australia and Cote d'Ivore in Group A.
Also Rafinha and Diego have already defied orders from their clubs in joining up with the Brazilian squad in China.
"To let them play (in the Beijing Olympics), or to call them back to Europe for their preparations for Champions League or local league matches, will be the decision of the clubs," said Reeb.
"Apparently there's no obligation for the clubs. The legal documents are not clear about that," he added. "So the clubs could opt to allow the players stay and back to Europe with a happy mood, or to call them back immediately to advoid injuries and other setback."
"There's contract relation between player and his club," added Reeb.
The CAS verdict, which has been made after a hearing held on an urgent basis in Zurich on Tuesday, drew the conclusion with two reasons, which is exactly what the clubs had claimed.
Firstly, the Panel thought the Beijing Olympic soccer tournament is not included in the Coordinated Match Calendar and there is no specific decision of the FIFA Executive Committee establishing the obligation for the clubs to release players under 23 for this tourney.
And secondly, the requirements to justify a legal obligation of clubs to release their players for the Beijing Olympic soccer competitions on the basis of customary law are not met, according to Reeb.
FIFA issued a decision a week ago by the Single Judge of its Player's Status Committee, which is, called by the CAS, "consequently has been set aside in its entirety".
According to the FIFA decision, the release of under-23 players for Beijing Olympics was mandatory for all clubs on the basis of a long lasting and undisputed practice which had become a customary law for the clubs.
However, Schalke, Werder and Barcelona filed an appeal with the CAS last Thursday, which were joined and referred to the same Panel constituted of Efraim Barak, an Israel Attorney-at-law, President Michele Bernasconi and another Swiss Ralph Zloczower.
(Xinhua News Agency August 6, 2008)