Briatore wins Appeal against FIA decision.
Tuesday 5th January 2010The Tribunal de Grande Instance in Paris has today confirmed that it has upheld ex Renault F1 Team Principal Flavio Briatore's appeal against the FIA World Motor Sport Council (“the WMSC”) ruling that effectively banned him from all forms of motorsport for an unlimited period.
The Court stated that there had been "irregularities" in the original WMSC Decision.
In response to the WMSC's decision which effectively imposed a lifetime motorsport ban on him, Mr Briatore had claimed that his right to a free and fair defence to the charges brought against him by the FIA was flouted. Briatore's legal team subsequently filed the appeal against the WMSC's decision in October 2009.
The WMSC had imposed an unlimited ban on Flavio Briatore following an extraordinary meeting to consider Nelson Piquet's deliberate crash at the Singapore Grand Prix in 2008, on 21 September 2009. It had indicated that the basis for its decision against Mr Briatore had been his continuing denial of any involvement in the matter despite the evidence that the FIA allegedly uncovered during its investigations into Piquet's crash which suggested otherwise.
The WMSC had ruled that for an unlimited period:
- the FIA does not intend to sanction any International Event, Championship, Cup, Trophy, Challenge or Series involving Mr Briatore in any capacity whatsoever, or grant any license to any Team or other entity engaging Mr Briatore in any capacity whatsoever;
- Mr Briatore will not be permitted to attend any areas under the FIA’s jurisdiction at FIA sanctioned events; and
- the FIA will not renew any super licence granted to any driver who is associated in any way (through management contract or otherwise) with Mr Briatore.
What effectively constituted a lifetime ban from all forms of motorsport also had a potentially serious impact on Briatore's sports management company, FFBB, and also his involvement with Championship Football Club Queen's Park Rangers.
Pat Symonds, who was handed a five-year ban on similar terms to Briatore has also had his suspension overturned.
Messrs. Briatore and Symonds were also seeking substantial damages against the FIA of $1.5 million, but have, in fact, been awarded €15,000 and €5,000 respectively by the French Court. The Court also ordered that the FIA must pay Briatore and Symonds within 15 days of the judgment, otherwise they will liable to pay a penalty of €10,000 per day.
Mr Briatore's lawyer, Philippe Ouakrat, was quoted as saying that it was "…almost an exceptional outcome…" for his client and that "…we are in a situation in which Mr. Briatore is reinstated in all his capacities to act in Formula One or motor sports...It's just great news."
Mr Ouakrat had reportedly argued that Mr Briatore's suspension was a consequence of his tense relationship with then-FIA president Max Mosley, and that the WMSC had exceeded its authority by imposing a sanction on individuals.
The FIA's lawyer Jean-Francois Prat has reportedly confirmed that the FIA was likely to appeal, which could prevent Flavio Briatore from returning to the sport until the appeal process has run its course.
The news broke on the same day that Renault F1, who were handed a two-year suspended ban at the WMSC hearing and are now co-owned by Gerard Lopez's Luxembourg-based fund Genii Capital, unveiled that its new Team Principal would be Eric Boullier. The 36 year-old Frenchman has no Formula One experience but has managed the DAMS team in the junior GP2 series as well as running the French entry in the A1 GP championship. Boullier is also Chief Executive of Gravity Sport Management, which is also owned by Genii Capital.
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