FIA vs. Briatore Part 3 - FIA to appeal Briatore case verdict

[EJ25RUN]

Court overturns Briatore's F1 ban

By Jonathan Noble Tuesday, January 5th 2010, 14:22 GMT

Flavio BriatoreFormer Renault boss Flavio Briatore has won his court action in France against the FIA over his indefinite ban from involvement in motor racing.

The Italian was told on Tuesday by the Tribunal de Grande Instance in Paris that his case had been successful.

French media quoted the decision as saying that the FIA's decision on 21 September had been "irregular".

"The court ruled the sanction was illegal," the judge told the Paris court.

Briatore was awarded 15,000 euros in compensation. He was banned from Formula 1 for life after being found guilty of race-fixing charges.

The Italian said before he started legal action that he had been the victim of a personal vendetta.

"In this case, the FIA has been used as a tool to exact vengeance on behalf of one man," he said.

"This decision is a legal absurdity and I have every confidence that the French courts will resolve the matter justly and impartially."


FIA must announce Briatore ban lift

By Pablo Elizalde Tuesday, January 5th 2010, 16:28 GMT

Pat Symonds and Flavio BriatoreThe FIA has been ordered to tell the public and teams that the bans from motor sport imposed on Flavio Briatore and Pat Symonds for their part in Formula 1's race-fix scandal have been lifted.

A French court ruled on Tuesday that the decision to ban the two Renault men had been "irregular" and overturned the FIA's decision, meaning both Briatore and Symonds can now return to work in Formula 1.

The court found that the FIA did not have the power to decree such a penalty - as neither men held any licences to compete.

"The FIA ... can sanction licence holders, leaders, members of the ASNs [national sporting authorities], but it cannot with respect to third parties, take measures equivalent to a sanction - in contravention of article 28 of its statutes," the verdict read.

"The World Council, by forbidding FIA members and licences to work with Messrs Briatore and Symonds, on the one hand added a negative condition – to not work with them – which is not provided for within the FIA statutes."

The verdict also suggested there was a conflict of interest in the ban, as former FIA president Max Mosley was already in dispute with Briatore – and he played a part in both the investigation of the matter and the handing down of the penalty.

The court judgement added: "The decision of the World Council was presided over by the FIA president, who was well known to be in conflict with Briatore, with Mr. Mosley having played a leading role in launching the enquiry and its investigation in violation of the principle of separation of the power of the bodies.

"The decision [of the FIA World Motor Sport Council] is not annulled but declared irregular, and rendered without effect in its provisions against Mr. Briatore and Mr. Symonds."

The court added that the FIA will be now forced to notify F1 teams and the public, through adverts in French newspapers, that both Briatore and Symonds's bans have been lifted.

"The FIA is consequently obliged to notify within two weeks it is lifting the provisions to its members and licence holders, particularly the 13 teams entered into the FIA Formula 1 world championship 2010," it added.

"This must be published in the French newspapers, of the choice of Mr. Briatore and Mr. Symonds – at the FIA's cost, up to a limited cost of 15,000 and 5,000 respectively."

The FIA is considering appealing the French court's ruling.




My take.....

Imagine how furious Max is right now.

[EJ25RUN]

FIA to appeal Briatore case verdict

By Jonathan Noble Monday, January 11th 2010, 13:51 GMT

FIA, ParisThe FIA has decided to appeal the decision of the Tribunal de Grande Instance to overturn the motorsport bans handed down on Flavio Briatore and Pat Symonds for their involvement in race fixing.

Last week, Briatore successfully won a court action against the FIA by claiming his indefinite ban from the sport had been wrong.

The French court suggested that the punishments given to Briatore and Symonds were 'irregular' - even though it did not disagree with the original guilty verdict given to the pair.

Following discussions between FIA president Jean Todt and other representatives of his organisation over the weekend, motor racing's governing body has decided to appeal that French court's verdict.

A statement issued on Monday said: "The President of the FIA has consulted the FIA Senate and the FIA's lawyers about the decision of the Tribunal de Grande Instance de Paris of 5 January. It was unanimously agreed that an appeal would be prepared.

"In his election campaign last summer, FIA President Jean Todt and his team announced that new measures for constructive change, including a disciplinary procedure, would be introduced. Work on this is well advanced. Once in place, this will address the issues in the Court's judgement. Nonetheless, an appeal is merited."

The FIA has also made it clear that while the appeal is underway, it believes the decisions of the World Motor Sport Council are still valid - meaning Briatore and Symonds still cannot work in motor sport.

However, the FIA has told Briatore-managed drivers that it will not enforce the original ban on issuing mandatory F1 Superlicences to those whose careers are looked after by the former Renault boss.

"While the appeal is underway, the World Motor Sport Council's decision of 21 September 2009 remains in full effect," added the statement.

"However, in view of the uncertainty that this may create for drivers who may be affected by this decision, the FIA President and FIA Senate have decided that, pending the outcome of the FIA's appeal, Superlicences will continue to be issued to qualifying drivers in the usual way.

"The FIA President, the FIA Senate, the World Motor Sport Council, and the FIA's Member Clubs from all countries will take whatever measures are necessary to ensure the continuing integrity and safety of the sport."

[jnv255]

I hope Max Mosley is pissed, I don't like him the least bit.

On the other hand, I don't know what to think, if Piquet didn't cause the wreck, then Massa would have won the championship, to my understanding. All of this crash-gate crap makes me think of the movie Speed Racer.