After examining new evidence brought by the Spanish federation, an independent appeal committee “dismissed the appeal”, World Rugby said in a statement.
“In accordance with World Rugby rules, the decision of the independent appeal committee is final and cannot be appealed again,” it added.
The ruling confirmed that Romania will take Spain’s place at next year’s tournament while Portugal — the team Spain beat to seal their place at France 2023 — have taken the spot vacated by Romania in the final qualification event taking place in November.
South African-born prop Gavin van den Berg, who has been playing in Spain since 2018, featured in two qualifiers against the Netherlands in 2020 and 2021 but was deemed not to have served the three years of residency needed to become eligible under World Rugby rules.
It is the second time that Spain have missed out on World Cup qualification on these grounds.
In 2018, along with Romania and Belgium, they were were sanctioned for fielding ineligible players, paving the way for Russia to qualify for the 2019 World Cup in Japan.