Olympics: Cas Steps in to Stop Players Heading to Beijing
The Court of Arbitration for Sport has ruled that Fifa cannot force clubs to release players for the Beijing Olympics
The Court of Arbitration for Sport has ruled that European clubs have the right to prevent their players from traveling to the Beijing Olympics. Barcelona, Schalke 04 and Werder Bremen disputed Fifa's position that it was "mandatory" to release all players aged 23 or under. However, CAS found in favour of the clubs, deciding Fifa's rule was not enforcable as the Olympics is not a featured event on the Fifa official calender.
"The Court of Arbitration for Sport (CAS) has upheld the appeals filed by Schalke 04, Werder Bremen and Barcelona against the decision issued on July 30 2008 by the single judge of Fifa's players' status committee that consequently has been set aside in its entirety," said CAS.
CAS decided that although it was an established custom for players to be allowed to travel to the Olympics, the tradition had no legal foundation and could not be enforced against the clubs' wishes.
"Beijing 2008 is not included in the co-ordinated 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 tournament. The requirements to justify a legal obligation of clubs to release their players for [the Olympics] on the basis of customary law are not met."
Consequently, Argentinian winger Lionel Messi and Brazilians Rafinha and Diego will be recalled by Barcelona, Schalke and Werder Bremen respectively. No other players are expected to be affected by the ruling as they have joined their Olympic squads with the permission of their clubs. The clubs initiated the court case because they did not want their players absent for the start of the season. The Bundesliga season commences before the end of the Olympic tournament and both Barcelona and Schalke have Champions League qualifiers to play in that time.
CAS said it hoped the ruling would not cause major disruption to the tournament. "In view of Fifa's recommendation made to the clubs to release their players as well as of the Olympic spirit, CAS calls upon the good will and good sense of Fifa and the clubs to find a reasonable solution with regard to players who wish to represent their country in the Olympic Games," it said.
Fifa is yet to respond to CAS's statement, but president Sepp Blatter said prior to the ruling that the governing body would accept the court's decision. The format of the Olympic football tournament is likely to be reassessed before the 2012 Olympics in London.
"The Court of Arbitration for Sport (CAS) has upheld the appeals filed by Schalke 04, Werder Bremen and Barcelona against the decision issued on July 30 2008 by the single judge of Fifa's players' status committee that consequently has been set aside in its entirety," said CAS.
CAS decided that although it was an established custom for players to be allowed to travel to the Olympics, the tradition had no legal foundation and could not be enforced against the clubs' wishes.
"Beijing 2008 is not included in the co-ordinated 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 tournament. The requirements to justify a legal obligation of clubs to release their players for [the Olympics] on the basis of customary law are not met."
Consequently, Argentinian winger Lionel Messi and Brazilians Rafinha and Diego will be recalled by Barcelona, Schalke and Werder Bremen respectively. No other players are expected to be affected by the ruling as they have joined their Olympic squads with the permission of their clubs. The clubs initiated the court case because they did not want their players absent for the start of the season. The Bundesliga season commences before the end of the Olympic tournament and both Barcelona and Schalke have Champions League qualifiers to play in that time.
CAS said it hoped the ruling would not cause major disruption to the tournament. "In view of Fifa's recommendation made to the clubs to release their players as well as of the Olympic spirit, CAS calls upon the good will and good sense of Fifa and the clubs to find a reasonable solution with regard to players who wish to represent their country in the Olympic Games," it said.
Fifa is yet to respond to CAS's statement, but president Sepp Blatter said prior to the ruling that the governing body would accept the court's decision. The format of the Olympic football tournament is likely to be reassessed before the 2012 Olympics in London.

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