FIFA president Sepp Blatter had referred Henry's case to the disciplinary committee last month, saying it was "blatant unfair play".

But the committee met today and decided there was "no legal foundation" for them to deal with the case.

Under FIFA's current rules, only the illegal use of a hand to prevent a goal being scored is covered in relation to possible sanctions.

The decision means the 32-year-old former Arsenal player will not face a ban for any of France's matches in the World Cup finals this summer.

FIFA said in a statement: "The disciplinary committee reached the conclusion that there was no legal foundation for the committee to consider the case because handling the ball cannot be regarded as a serious infringement as stipulated in article 77a) of the FIFA disciplinary code.

"There is no other legal text that would allow the committee to impose sanctions for any incidents missed by match officials."

Henry's handball in the run-up to William Gallas' decisive goal in the World Cup play-off qualifier ended the Republic's dreams of qualifying for the finals in South Africa.

The Football Association of Ireland were infuriated by the goal and demanded a replay, then even suggested they should be allowed to go to the World Cup as a 33rd team.

FIFA dismissed their demands but did agree to have another look at the possibility of using video evidence in the future, and referred the Barcelona striker's handball case to their disciplinary body,

Henry's defence today argued successfully that FIFA's disciplinary code does not give the committee the power to punish such incidents.

The decision will be welcomed by those who argued it was unfair for Henry to be singled out when so many other players commit handball offences and are not punished.

When asked about his referral last month, Blatter said: "This is a matter of the disciplinary committee and it's not a question of this player or another - it was a blatant unfair playing and was shown all around the world."

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Republic defender Sean St Ledger believes FIFA have set a dangerous precedent by not punishing Henry.

"Obviously I don't want players to get banned, I'm not a fan of that," he told BBC Radio Five Live. "But (the decision) promotes 'if you can get away with it, do it'.

"I've seen (the incident) again today and I still think he intentionally, the second time, handballed it. I still feel a bit hurt from it."

The Republic were angered even before the match by FIFA's decision to seed the play-offs, which allowed big sides like Portugal and France to avoid each other.

And that feeling of injustice has been compounded by this latest ruling.

Asked for his opinion on the decision, St Ledger said: "I think it's a poor one.

"They said they've got no legal foundation but they still had the power to change the rules and introduce the seedings.

"I think if they've got that kind of power to change that rule I don't understand why they haven't got the power to make a ruling here.

"It's confusing but at the same time not surprising."

He added: "It won't surprise me if France go on and win the World Cup."