Barcelona have confirmed Neymar is out of their squad for tonight's El Clasico at Real Madrid.
The Brazilian was sent off in Barcelona's clash with Malaga earlier this month after picking up tow yellow cards.
He was automatically handed a one-game ban before being given an additional two matches for sarcastically clapping the officials as he left the pitch.
Barca's appeal to the Spanish football federation was rejected and they took their case to the Court of Arbitration for Sport.
But after days of uncertainty, they have decided against naming Neymar in the squad.
"Against the uncertainty due to the lack of reply from TAD with 12 hours to go until the game, and to focus all attention on sporting matters, the club have opted not to call up Neymar," a statement on Sunday read.
"However, Barcelona expresses its amazement at TAD's refusal to exercise its jurisdictional functions, something which directly damages both the clubs and the competition itself."
Source: tribalfootball.com