Werder Bremen and Schalke on Wednesday filed new claims to the Court of Arbitration for Sport in an effort to force their players to return from Brazil's Olympic squad, despite being unsuccessful with their initial attempts.
The Bundesliga clubs have decided to appeal against FIFA's ruling, which reiterated on Wednesday that clubs must release players under the age of 23 to participate in the Beijing Games.
Bremen and Schalke have been fighting to keep Diego and Rafinha respectively, and on Wednesday filed fresh claims after failing in their first bids to keep the players in Germany.
A CAS statement on Wednesday read: 'The CAS considered that there was no binding arbitration agreement between the parties to hear any of these cases. The German clubs put forward that the jurisdiction of the CAS was based on the Olympic Charter. However, the CAS stated that the Charter was not directly applicable to professional football clubs.
'FC Schalke 04 and Werder Bremen have both filed a new claim with the CAS today against the decision rendered by the Single Judge of the Players' Status Committee of FIFA earlier on the same day. These two new cases are currently pending before the CAS.
'The two German clubs request that their players (Rafinha/Schalke and Diego/Werder Bremen) be declared ineligible to compete in the Olympic Games due to the fact that they have not been released by the clubs. The two players have been included in the Brazilian Olympic football team for the Beijing Olympic Games.'