The Arbitration Court of Sport has rejected the urgent request for provisional measures presented on Saturday by Boca Juniors with which he requested the suspension of the second leg of the final of the Copa Libertadores, which will be held against River Plate tomorrow sunday, at the stadium Santiago Bernabeu from Madrid.
The club "xeneize" filed an appeal with the CAS, together with an urgent request for measures
The "xeneize" club filed an appeal on Friday with the TAS, together with an urgent request for provisional measures. It is this last request that has been rejected today, the Sports Court clarifies in a statement. The legal bases of the appeal will be analyzed later by an Arbitration Training of the TAS.
Boca appealed to the TAS after the Chamber of Appeals of the South American Football Confederation (Conmebol) dismissed on Thursday the appeal filed on November 30 by the Buenos Aires club. The Argentine team asked the Conmebol to disqualify the River Plate from the Copa Libertadores 2018 for the events that occurred before the dispute of the second leg of the final, on November 24 at the Monumental stadium, when the bus that moved the "xeneizes" players to the stadium was attacked.
He asked the Court to apply the same criteria as in the clash between River and Boca de la Libertadores in 2015, when he qualified for quarters after the disqualification of Boca. On that occasion the game was suspended after a pepper attack on River players in La Bombonera and Conmebol decreed Boca losdedor 3-0.
This request was rejected in the first instance by the Disciplinary Court of Conmebol on November 29, 2018 and, subsequently, by the Chamber of Appeals of Conmebol, on December 6, 2018.
Boca appealed to the TAS after the Appeals Chamber of the Conmebol dismissed the appeal on Thursday
The TAS, which is based in Switzerland, has refused to apply precautionary measures, but must still study the appeal against the decision of the Conmebol.
Once an appeal has been received, the Arbitration Court will appoint a panel of three arbitrators. Each of the parties in litigation – in this case would be the Conmebol and Boca Juniors – will choose one of the wide list of TAS and the division of appeals of the TAS will appoint the third, acting as president.
The parties will be summoned to a hearing in which they will be able to present evidence and argue their positions. Although usually the decisions of the panel are communicated a few weeks later, in some cases of appeal are issued on the same day in which the hearing is held.
The TAS must still study the appeal against the decision of the Conmebol
The arbitrators are based to make their decision in the regulations of the body involved in the resource, the Conmebol, and subsidiarily in the law of the country in which it is located, in this case Paraguay.
Only in case of exceptional sporting events, such as the Olympic Games, the TAS creates courts ad hoc that work continuously and make decisions with great speed.
In this way, it could be the case that Ríver was proclaimed champion at the Santiago Bernabeu stadium and was disqualified days later.