Barton provoked a storm when he used the social networking site to brand Silva an "overweight ladyboy" earlier this month.
However, the French Football Federation's ethics council has determined that no ruling could be made in the case because of translation issues.
Laurent Davenas, the committee's president, says "we would need to make sure everyone agrees, both on the accusation and on the defendant's side, on an objective translation in order to make a decision on (Barton's) statements."
Davenas adds that if both parties agree on a translation they could review the case again.