International Court Of Appeal: Decision hearing 10 January
The following hearing of the International Court of Appeal took place in Paris on Friday 10 January 2014:
Appeal lodged by the Automobile Club d’Italia-Commissione Sportiva Automobilistica Italiana (ACI-CSAI) on behalf of its licence-holder, Romeo Ferraris srl, against decision N°J2013/32 of the Motor Sports Council National Court of the Motor Sports Association (MSA) dated 15 October 2013, whereby the two Romeo Ferraris srl’s cars were excluded for the Donington Park event (31 August-1 September 2013) counting towards the 2013 Superstars International Series
During the Donington event (United Kingdom) run on 31 August and 1 September 2013, the competitor Audi Sport Italia SRL lodged a protest against cars n°3 and n°15 of the competitor Romeo Ferraris SRL on the grounds that the two cars contravened the provisions of Articles 13.3.2 b3 and 13.6 of the Technical Regulations of the International Series.
Having ordered the post-event inspection of the two cars in question, namely the event taking place at Imola (Italy) on 27 September 2013, the Stewards of the Event, by their decision n°5 of 27 September 2013, imposed on the Competitor Romero Ferraris srl a drop of 10 places on the starting grid of race n°1 of the Imola event for the technical non-conformity of the two cars.
The Competitor immediately announced its intention to appeal against that decision, and subsequently confirmed the appeal before the National Court of Appeal of the Motor Sports Association (MSA).
The National Court of Appeal of the MSA decided to pronounce the exclusion of the Competitor's cars n°3 and n°15 from the Event on account on their non-conformity with the Technical Regulations of the International Series.
On 30 October 2013, the ACI-CSAI brought an appeal before the Court on behalf of the Competitor Romeo Ferraris srl against the decision of the National Court of Appeal of the MSA.
Decision of the International Court of Appeal
The Court, after having heard the parties and examined their submissions, decided to:
Confirm the contested decision n° 5 dated 27 September 2013 with respect to the finding that cars n° 3 and n° 15 of Romeo Ferraris Srl did not comply with the Technical Regulations;
Order the exclusion of cars n° 3 and n° 5 of Romeo Ferraris Srl of the races of the Meeting of Donington counting towards the 2013 Superstars International Series (SIS).
The International Court of Appeal was presided over by Mr Thierry JULLIARD (Switzerland), and included Mr Rui BOTICA SANTOS (Portugal), Mr Hervé DE LIEDEKERKE (Belgium) and Mr Michael GRECH (Malta).