Real Madrid president Florentino Perez said on Thursday that the club was completely unaware that they were fielding an ineligible player in Wednesday's first leg of their fourth-round Copa del Rey tie at Cadiz.
Madrid named winger Denis Cheryshev in their starting XI for the 3-1 win at the Segunda B club. Cadiz on Thursday filed a formal complaint alleging that he should have been suspended for the game having been booked three times in the competition on loan at Villarreal last season.
Perez first said that the sanction was "not applicable" because Cheryshev had "not been personally notified" that he was suspended.
"We did not have any knowledge nor did the player of his own suspension. No one knew," Perez said during a news conference. "After an analysis with the board of directors, we have decided that the suspension for three yellow cards was not effective because no one communicated it to the player as per Article 41."
"Real Madrid was not aware of the existence of any sanction, no one communicated that to us. The CAS [Court for Arbitration of Sport] has dictated that a player receive a personal notification. If we admit that the suspension was efficent, it would have to have been annulled according to Article 112, which states that the suspension is not effective because it was not communicated to the player so there was no fielding of an ineligible player."
Perez said there are no precedents in the situation because there was never any initial notification.
"It makes no sense to say that the player was notified if it was not so," Perez said. "Madrid has not been able to anything more than analyse the nature of this reality and we believe the suspension was not done effectively.
"We will in the very least go to the CAS because there is jurisdiction. If someone did not do their job, we would ask for forgiveness. But if the player has not told us, nor the federation, nor Villarreal, it is impossible for us to be aware. We did not receive any information on July 27. The federation knows this.
"No one was negligent at Real Madrid. That is our conclusion after speaking with our legal team."
The Spanish Football Federation (RFEF) confirmed receipt of Cadiz's appeal and will allow a period of time for Real Madrid to present their defence. Spanish media report that a decision is likely due on Friday.
This was the second time in two weeks Perez has spoken to the media in response to a club crisis. With Benitez facing heavy criticism following a 4-0 loss to Barcelona, Perez publicly defended his first-year coach.
"Nobody told the club or the player, not the federation nor Villarreal, so it was impossible for us to act differently," Perez said. "It's not our fault."
Cheryshev, who rose through Madrid's youth ranks after joining the club in 2002, played on loan for Villarreal last season and picked up a one-match ban after collecting three yellow cards in the Copa.
Having since returned to Madrid, the suspension should have been served on Wednesday. Instead, Cheryshev took the field and went on to score Madrid's opening goal.
RFEF rules specify that if a club field an ineligible player, they face disqualification from the competition -- provided the opposing club lodges an objection.
Osasuna were removed from this season's Copa del Rey in September after fielding Unai Garcia -- who had been sent off against Alaves last season -- in a 2-1 win over Mirandes.
Cheryshev scored the opening goal of the game after three minutes against the third-tier Andalusian side, but news soon spread around the Ramon de Carranza that led to Cadiz fans chanting the Russian winger's name.
He was withdrawn by boss Rafa Benitez early in the second half, being replaced by Mateo Kovacic, after the club were made aware of the error. It is reported that Madrid wrongly thought there was an amnesty at the end of last season which scrubbed Cheryshev's ban.
For his part, Benitez insisted he and the club were unaware of Cheryshev's situation, and weren't informed until after half-time.
Madrid play their first game at the Santiago Bernabeu since then against Getafe on Saturday.