Magnien ruled out of Sydney

Magnien gave a positive test during the Tour de France

Cycling's international governing body has said French cyclist Emmanuel Magnien will definitely not be going to Sydney - despite being named in his national team.

Magnien was handed a six-month suspended ban by the French Cycling Federation after testing positive for cortico-steroids during the Tour de France, freeing him to race in Sydney next month.

The International Cycling Union (UCI) however, has appealed against the French move to the international Court of Arbitration for Sport, effectively ruling Magnien out of the Games.

UCI rules say no rider can compete at the Olympics if there is ongoing disciplinary action against him.

Magnien had a prescription for the drug he took, but under UCI rules he was allowed to take the medicine only orally or as a cream and not as an injection as it was given.

The French Federation suspended Magnien's six-month ban despite UCI demands that he should be thrown out of racing for the period.

The UCI said in a statement it found the French sanction against Magnien "unacceptable" and said it did not conform to international regulations, which legislate for a minimum six-month ban.