The former foreign secretary was handed a summons, issued by District Judge Margot Coleman on May 29, to attend Westminster Magistrates’ Court to face three allegations of misconduct in public office.
But, following a hearing in London on Friday, Lady Justice Rafferty and Mr Justice Supperstone overturned the earlier decision. The reasons for the court’s ruling will be given at a later date.
Marcus Ball, 29, claimed Mr Johnson lied during the 2016 referendum campaign by saying Britain gave £350m a week to the European Union.
The £350 million figure was emblazoned on the red campaign bus used by Vote Leave, with the slogan saying “We send the EU £350m a week, let’s fund our NHS instead”.
Mr Ball crowdfunded more than £300,000 to bring the prosecution.
After the ruling he tweeted: “This is not over. Awaiting written reasons from the court before we decide on next steps.”