Rainer Schuettler has been cleared to represent Germany at the Olympic Games after his appeal to the Court of Arbitration for Sport was upheld on Monday morning.
The 32-year-old, who reached the semi-finals at Wimbledon this year, lodged an appeal to CAS on Sunday believing he had been unfairly denied a place in Beijing by the International Tennis Federation (ITF).
Schuettler had been selected by the German Olympic Committee, however the ITF refused to ratify his inclusion based on his ranking on June 9 - when he was the fifth-highest ranked German player.
However, Schuettler's run to the last four at Wimbledon has shot him to a world ranking of 34 and, following the withdrawal of a number of players on the eve of the Games, the CAS panel ruled he was among then "top players eligible for the Olympic Tournament according to the ITF criteria set up in their rules".
A statement from CAS on Monday read 'The ad hoc Division of the Court of Arbitration for Sport (CAS) has upheld the application filed yesterday by Rainer Schuettler (Germany).
'The CAS Panel found that Rainer Schuettler was among the top players eligible for the Olympic Tournament according to the ITF criteria set up in their rules and that there was a discretion in the German NOC to enter the players of its choice from amongst such eligible players.'
The ITF reacted angrily to the decision of CAS, arguing it had undermined their authority to set a qualification criteria for the Olympic Games.
In a statement released shortly after CAS's decision the ITF reiterated that, under their qualification criteria, Schuettler, who was ranked 89th as at the June 9 deadline, had not met the required standard to appear in the 56-player tournament.
'The ITF is very disappointed with the decision and feels that the precedent set today could ultimately harm the rights of International Federations to set qualification criteria and puts the role of the International Federation in the Olympic Games into discussion,' the statement read.
'It is very disturbing for the ITF, and should be for the IOC, when players who do not meet the ITF qualification criteria, approved by the IOC, are entered at the expense of players who qualified and deserve to represent their countries at the 2008 Olympic Games.'
According to the ITF Denis Gremelmayr and Michael Berrer, who were both ranked higher than Schuttler at the June 9 deadline, should have been selected to the Olympic Games ahead of Schuttler.
Clearly bemused by the sequence of events the ITF also took a swipe at the German Olympic Committee, as well as Schuettler, for their roles in the matter.
'The German Olympic Committee used their criteria to refuse the entry of Denis Gremelmayr who should have received direct acceptance under the ITF qualification system,' the statement continued.
'The next German in the list was Michael Berrer who was six places ahead of Mr Schuttler at the entry deadline.
'Mr Schuttler did not fulfil the entry criteria set by the German NOC until well after the 9 June deadline and, therefore, should not have been considered for entry.
'The ITF deplores the lack of understanding by the German Olympic Committee about entry to tennis events around the world including the Olympic Games.
'However, while recognising that the German NOC may not understand how professional tennis works, there is no excuse for Mr Schuettler who is prepared to take a place that was earned by his compatriot Denis Gremelmayr and of next alternate Michael Berrer.
'The ITF wishes him the best of luck even if he was not eligible for Beijing.'
