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Vipa Bernhardt, the German swimmer who won a court order last week to be added to her country's Olympic squad after failing to qualify has withdrawn her legal challenge.

Bernhardt, who finished third at the national championships behind second-placed qualifier Anne Poleska, dropped the controversial legal fight to replace Poleska on the squad going to Beijing.

"The matter has been resolved and there won't be any further appeals," said Christa Thiel, president of the German swimming association (DSV).

"It's in all our best interest if the swimmers can concentrate now on the more important matters."

Bernhardt finished third in the 200 metres breaststroke at the German national championships in April, just failing to get a top-two spot needed to make the team for Beijing even though her time was well inside the Olympic qualifying mark.

Bernhardt's court challenge was based on documents which said second-placed swimmer Poleska had raced in 10 meets for the Coral Springs swimming club in Florida. Bernhardt and Poleska both live and train in the United States.

German swimming federation rules allow participation in foreign college or school swimming teams but not foreign clubs.

But Poleska provided affidavits from the president of the Coral Springs swimming club stating she was not a club member when she competed in the meets.

Poleska's coach Michael Lohberg also provided an affidavit she was not a member of a U.S. club.

"The court advised us to withdraw our challenge," said Michael Ulmer, president of the SG Frankfurt swim club that had filed the challenge on Bernhardt's behalf.

"We've done that now. We could have cleared this all up earlier. There would not have been as much turmoil."

Bernhardt had been widely criticised by other swimmers in Germany for the court challenge as well as by the president of the German National Olympic Committee Thomas Bach.

Last week she opted not to come back to Germany due to the controversy and instead trained in Florida where she lives and studies, an official of her Frankfurt-based club said.

"I've got to accept that now," Bernhardt said. "I wish Anne Poleska all the best for the Olympics."

Poleska won the bronze medal at the 2004 Olympics in Athens and silver at the 2005 world championships in Montreal.

Poleska said she had done nothing wrong and was not a member of any club when she swam in the Florida meetings.

Reuters