Spain's sports court agreed to investigate Luis Rubiales for forcibly kissing a Women's World Cup player as the scandal-hit football chief insisted he would defend himself to "prove the truth".
The government lodged a complaint against Rubiales through the state-run National Sports Council (CSD) exactly a week ago, accusing him of "very serious" offences.
But in agreeing to take the case, the Administrative Tribunal for Sport (TAD) said it considered the behaviour in question "serious", falling short of the government's characterisation of Rubiales' actions.
Had the court accepted the "very serious" qualification, it would have allowed the Sports Council to suspend the 46-year-old head of the Spanish football federation (RFEF) for the duration of the case.
Rubiales has already been suspended by world governing body FIFA for 90 days while it decides on disciplinary measures after he forcibly kissed midfielder Jenni Hermoso on the mouth after Spain won the Women's World Cup final in Sydney on August 20.
Sports Minister Miquel Iceta said CSD would "ask the court to temporarily suspend Rubiales from his duties until the case against him has been definitively resolved".
"The Sports Council and the government believe the RFEF president's actions should be classified as a very serious abuse of authority which damage the image of Spanish football," he told a news conference.