The German Football Association's (DFB) sports court rejected Bayern Munich's request in a single-judge proceeding as "unfounded." The Colombian striker will therefore remain suspended for Saturday's match against Union Berlin.
Diaz received a second yellow card in the 84th minute of Saturday's Bundesliga match against Bayer 04 Leverkusen (1-1). Referee Christian Dingert subsequently described his decision as a mistake. "Looking at the footage now, it wasn't a penalty. A second yellow card is very harsh; I wouldn't give that now," he said.
However, Dingert's statement was irrelevant to the sports tribunal, as presiding judge Stephan Oberholz explained. "The crucial point is that the matter constitutes a factual decision, which can only be corrected if it is seriously, obviously, and beyond any doubt objectively incorrect. That is not the case here," he said.
Oberholz further explained that Dingert only noticed the "later contact" with Diaz's foot after reviewing the video footage after the game. "But even taking that into account, Diaz would have sought and made contact beforehand," therefore the referee's decision was "not completely wrong."