Biarritz forward Benoit August is free to face Munster in this season's Heineken Cup final after an astonishing blunder by tournament organisers.

August was reported by citing commissioner John West for an alleged dangerous tackle on Bath lock Danny Grewcock.

He appeared to make contact with Grewcock's eye during Biarritz's semi-final victory over the English club in San Sebastian a fortnight ago.

But tournament disciplinary rules state the commissioner, who is installed for live televised matches, and match referee - in this case West's fellow Irishman Alain Rolland - must be drawn from different countries.

Because that criteria was not applied by European Rugby Cup Limited a disciplinary hearing in Dublin - attended by August, Biarritz president Marcel Martin and the player's legal adviser - had no valid citing complaint to consider.

It means August, who captained Biarritz to their 18-9 win against Bath, is available for the May 20th final in Cardiff when the reigning French champions tackle Declan Kidney's men.

England forward Grewcock played down the first-half incident, even though he required treatment, describing it as an accident.

"The independent disciplinary committee noted the citing commissioner came from the IRFU (Irish Rugby Football Union), as did the match referee Alain Rolland," said ERC, in a statement.

"ERC disciplinary rules require that the referee and the citing commissioner are drawn from different countries, and in these circumstances, the citing commissioner not meeting the criteria for appointment, there was no valid citing complaint to consider."  PA