MAY 20, 2009
Ferrari loses its case
Ferrari has failed in its attempt to get an injunction to stop the FIA going ahead with its 2010 plans. Ferrari says that "the existence and validity of Ferrari™s right of veto, as sanctioned in a written agreement with the FIA Senate, were recognized by the Court, as was the fact that this dispute is of a contractual nature. Consequently, it was also recognized that the dispute was not a matter for the internal tribunal of the FIA, but rather a matter for normal civil courts". The court however rejected the injuncton because it felt that the veto should have been exercised during the World Council meetings of March 17 and April 29 and chose to let the civil law courts rule on the urgency of the matter.
The decision does, however, mean that the teams will have to enter the World Championship by the deadline imposed or will face the possibility of being excluded. If they do enter they will be accepting the rules.
Ferrari says that it is continuing to evaluate whether or not to continue with the legal action and says that it will not enter the championship, while at the same time trying to find a solution to the problem with all the parties concerned. Ferrari argues that "the planned scenario would see a watering down of the characteristics that have endowed Formula 1 with the status of the most important motor sport series and that have specifically led to the Maranello marque™s uninterrupted participation in the world championship since 1950. In this situation, Ferrari will continue to compete in races of a calibre worthy of the marque, matching its level of innovation and technological research".
There is a separate issue regarding the legality of the Ferrari veto, as there may be arguments that this is anti-competitive under European law.