Michael Ballack will not face punishment for his off-the-ball challenge on Patrice Evra in the build-up to Chelsea's controversial second goal during their Community Shield victory over Manchester United after referee Chris Foy confirmed that he had seen the incident clearly and decided at the time it did not warrant action.

In the aftermath of the incident, which incensed United manager, Sir Alex Ferguson, Foy was surrounded by protesting United players. As Foy did not intervene, the FA could potentially have acted on the video evidence of Ballack's challenge – but the referee's statement means the matter is now closed.

Earlier, Ballack admitted blocking Evra during the match at Wembley, adding that he was "happy" that Foy did not blow for a foul.

Chelsea went on to score through Frank Lampard while Evra lay hurt on the ground, and eventually won the game 4–1 on penalties after a 2–2 finish in normal time, but Ferguson was adamant Foy should have sent off the Chelsea substitute for the use of an elbow.

"I have to be happy that the referee didn't blow because maybe I blocked him a little bit," said Ballack. "If the referee gives a foul it would have been OK as well, but he decided not to. It was a bit unlucky after that because they conceded the goal.

"I kept on playing but then I didn't have the ball so I couldn't see how injured he was."

Ferguson also claimed Foy should have stopped play when Evra went down as the referee had done when Ballack was injured moments earlier, but Lampard said Chelsea had no case to answer. Lampard's strike put Chelsea 2-1 ahead in the 70th minute but the England midfielder rejected the suggestion he should have kicked the ball out rather than trying to score.

"I don't think any player would, you're entitled to shoot," he said. "That's what United did in the first half, but the referee stopped them and when Ballack went down in the second half they were complaining that they couldn't carry on."