Hearing

Case ICA-2019-09: Appeal lodged by Vincenzo Sospiri Racing S.R.L. against Decision No. 5/2019 bis of the “Appeal and Disciplinary Commission” of the Real Federación Española de Automovilismo, issued in Madrid on 5 November 2019 related to Decision No. 8 of the Stewards of Monza counting towards the 2019 International GT Open

Case ICA-2019-10: Appeal lodged by Vincenzo Sospiri Racing S.R.L. against Decision No. 5/2019 of the “Appeal and Disciplinary Commission” of the Real Federación Española de Automovilismo, issued in Madrid on 5 November 2019 related to Decision No. 9 of the Stewards of Monza counting towards the 2019 International GT Open

After Race 2 of the seventh round of the 2019 International GT Open which took place in Monza on 13 October 2019, the Appellant, Vincenzo Sospiri Racing S.R.L. lodged two protests.

Protest 1: The Appellant represented by Car No. 66 (Drivers Frederick Schandorff and Tuomas Tujula) alleged that SPS Automotive Performance had committed unsporting behaviour by instructing their Car No. 10 (Drivers Miguel Ramos and Fabrizio Crestani) to drive in an unsporting manner to benefit their Car No. 20 (Drivers Valentin Pierburg and Tom Onslow-Cole) to the detriment of Car No. 66.

On 13 October 2019, by Decision No. 8, the Stewards, considering that there was no evidence that the Driver of Car No. 10 received any orders to benefit his team mate, rejected Protest 1.

Protest 2: The Appellant represented by Car No. 66 (Drivers Frederick Schandorff and Tuomas Tujula) alleged that SPS Automotive Performance Car No. 10 (Drivers Miguel Ramos and Fabrizio Crestani) had committed unsporting behaviour by impeding Car No. 66 several times.

On 13 October 2019, by Decision No. 9, the Stewards, considering that Car No. 10 had breached several articles of the Sporting Regulations and the International Sporting Code, decided to impose a “Stop and Go” penalty against Car No. 10 (converted into a 30 second time penalty in addition to its total elapsed time).

On 13 October 2019, Vincenzo Sospiri Racing S.R.L. decided to appeal Decisions No. 8 and 9 before the Appeal and Disciplinary Commission of the Real Federación Española de Automovilismo (RFEdA).

On 5 November 2019, the RFEdA upheld both decisions and on 27 November 2019, Vincenzo Sospiri Racing S.R.L. decided to appeal the decisions taken by the Appeal and Disciplinary Commission of the Real Federación Española de Automovilismo (RFEdA) before the International Court of Appeal.

Decision of the International Court of Appeal

The Court, after having heard the parties and examined their submissions, decided:

• To declare the Appeal against Decision No. 5/2019 of the Appeal and Disciplinary Commission of the RFEdA not admissible;
• To declare the Appeal against Decision No. 5/2019 bis of the Appeal and Disciplinary Commission of the RFEdA admissible;
• To set aside Decisions No. 5/2019 bis of the Appeal and Disciplinary Commission of the RFEdA and No. 8 of the Stewards of the Race of Monza counting towards the 2019 International GT Open;
• To disqualify the SPS Automotive Performance e.K team from the Race 2 of Monza/PROAM category;
• To impose a fine of 50,000 euros on SPS Automotive Performance e.K;
• To order the competent Sporting Authority to draw, as appropriate, the consequences of this ruling.

The International Court of Appeal was presided over by Mr Harry DUIJM (Netherlands), and included Mr Christy HARRIS (United States), Mr Arnas PALIUKENAS (Lithuania) and Mr Ladislav VOSTAREK (Czech Republic).

Full decision is available here.