Leinster have conceded defeat in their bid to have Felipe Contepomi reinstated for the pool matches of the Heineken Cup with the Argentinean definitely ruled out until the knockout stage of the tournament.
The former Bristol out-half will miss all six pool 3 matches for the Lions after an administrative oversight by the Leinster Branch which came to light last week. Leinster failed to correctly register Contepomi by the specified date of November 13 th.
While officials in Donnybrook argued that the punishment meted out by the European Rugby Cup did not fit the crime - they contend under ERC guidelines a fine was the appropriate course of action - they have accepted that Contepomi must sit out the opening exchanges of Europe's premier club competition.
Earlier this week an initial appeal was rejected by the ERC and after seeking expert legal opinion on the matter, Leinster are now resigned to doing without their new signing.
The issue has cast a cloud over tomorrow's Heineken Cup curtain raiser against Biarritz at Lansdowne Road but Leinster remain confident of a good result on the pitch.
Christian Warner will deputise at number 10 in a strong Lions side who are desperate to get over the disappointment of last year's tame semi-final exit at the hands of Perpignan. However, Biarritz will be out for revenge after falling to Leinster in last year's quarter-finals and new coach Gary Ella faces a baptism of fire in the competition.
Tickets for tomorrows game (kick-off 3pm) are still available at the turnstiles with admission for the terrace €15 and tickets for the stand €30.