MARCH 27, 2008
A complicated business
With Red Bull having faced up to the fact that there is not much point in having two Formula 1 teams, the Austrian drinks company is now trying to find a solution to the problem of Force India taking Scuderia Toro Rosso to arbitration. The Silverstone team is claiming that Toro Rosso breached the terms of the Concorde Agreement in 2007 by using cars built by Red Bull Racing. There is little doubt that this was the case, but Red Bull has argued that the wording of the Concorde Agreement allow this. The arbitration will decide whether the wording or the spirit of the rule is the more important. Usually, it is the latter that triumphs in legal actions.
Losing the case would be a disaster as a breach of the Concorde Agreement would mean the loss not only of status, but also all the benefits and prize money that were won last year. Worse than that, it would mean that the team would not qualify for benefits for three years. As a result moves are now afoot to settle the claims before they get to the arbitration court in July.
We have heard that the deal on offer is for Toro Rosso, Force India and Super Aguri to have equal shares the money won in 2007. There is still discussion about 2008, although according to the FIA rules customer cars are allowed this year. The sporting regulations are usually a part of the Concorde Agreement, but as no-one can agree on whether or not the sport is still governed by a Concorde Agreement, it is all very complicated.