Former Renault F1 team boss is appealing the lifetime racing ban imposed on him by the FIA.
Briatore is hoping to overturn the FIA decision and is also seeking 1 million Euros in damages.
The hearing is set for the 24th of November and it is reported that Pat Symonds is also joining the appeal. Pat Symonds was banned for 5 years for his involvement.
Briatore has filed his action in Paris' Tribunal de Grande Instance
Related:
Briatore to fight motor racing ban in Paris court
Paris court confirms Briatore action to begin
Paris court sets date for Briatore hearing
Banned Symonds joins Briatore's FIA appeal
Flavio Briatore wins appeal against FIA but FIA appeals
Moderators: cmlean, Ed, The Qualiflyer, The Heretic
Flavio Briatore wins appeal against FIA but FIA appeals
Last edited by Ed on Tue Jan 12, 2010 2:09 am, edited 1 time in total.
The Guardian has reported that Briatore's appeal is based on the improper fashion that the FIA and its World Motor Sport Council conducted the original hearings.
Briatore's statement of claim refers to "the excessive and abusive power clearly exercised by both the World Council, in particular, and the FIA, in general" as well as "the breach by the World Council of the most basic rules of procedure and the rights to a fair trial"
Briatore is stating that Mosley "assumed the roles of complainant, investigator, prosecutor and judge."
The FIA quickly condemned the leaking of these statements to the media and issued the following statement:
The FIA condemns the selective leaking of extracts from Mr Briatore’s pleadings to the Tribunal de Grande Instance in Paris.
The FIA rejects the allegations made in these leaks and confirms that the decision to impose a sanction against Mr Briatore was made by an overwhelming majority of the attending World Motor Sport Council members.
In respect for the authority of the French Court, it would be entirely inappropriate for the FIA to comment further on this matter in advance of the hearing.
Briatore's statement of claim refers to "the excessive and abusive power clearly exercised by both the World Council, in particular, and the FIA, in general" as well as "the breach by the World Council of the most basic rules of procedure and the rights to a fair trial"
Briatore is stating that Mosley "assumed the roles of complainant, investigator, prosecutor and judge."
The FIA quickly condemned the leaking of these statements to the media and issued the following statement:
The FIA condemns the selective leaking of extracts from Mr Briatore’s pleadings to the Tribunal de Grande Instance in Paris.
The FIA rejects the allegations made in these leaks and confirms that the decision to impose a sanction against Mr Briatore was made by an overwhelming majority of the attending World Motor Sport Council members.
In respect for the authority of the French Court, it would be entirely inappropriate for the FIA to comment further on this matter in advance of the hearing.
Flavio Briatore and Pat Symonds have won their appeal against the FIA.
The court ruled that the punishment was illegal and order the FIA to pay 15,000 Euros to Flavio Briatore and 5,000 Euros to Pat Symonds.
Related:
Briatore wins appeal against crashgate ban
Briatore 'welcome' to return to F1 - Ecclestone
FIA to 'probably' appeal crashgate appeal outcome
The court ruled that the punishment was illegal and order the FIA to pay 15,000 Euros to Flavio Briatore and 5,000 Euros to Pat Symonds.
Related:
Briatore wins appeal against crashgate ban
Briatore 'welcome' to return to F1 - Ecclestone
FIA to 'probably' appeal crashgate appeal outcome
The FIA issued the following statement in response and stated that the decision to ban Briatore remains in effect until all the FIA appeal options are exhausted. The statement read:
Tribunal de Grande Instance
The FIA notes the Decision of the Tribunal de Grande Instance of Paris in relation to Mr. Briatore and Mr. Symonds.
The Court has rejected the claims for damages made by Mr. Briatore and Mr. Symonds and their claim for an annulment of the FIA's decision. In particular, the Court did not examine the facts and has not reversed the FIA's finding that both Briatore and Symonds conspired to cause an intentional crash at the 2008 Singapore Grand Prix.
However, the Court did question the FIA's authority to impose bans upon Mr. Briatore and Mr. Symonds for procedural reasons and because they are not FIA licence holders and, according to the Court, are therefore not subject to any FIA rules. The FIA's ability to exclude those who intentionally put others' lives at risk has never before been put into doubt and the FIA is carefully considering its appeal options on this point.
The Court’s decision is not enforceable until the FIA's appeal options have been exhausted. Until then, the World Motor Sport Council’s decision continues to apply.
In addition, the FIA intends to consider appropriate actions to ensure that no persons who would engage, or who have engaged, in such dangerous activities or acts of intentional cheating will be allowed to participate in Formula One in the future.
Tribunal de Grande Instance
The FIA notes the Decision of the Tribunal de Grande Instance of Paris in relation to Mr. Briatore and Mr. Symonds.
The Court has rejected the claims for damages made by Mr. Briatore and Mr. Symonds and their claim for an annulment of the FIA's decision. In particular, the Court did not examine the facts and has not reversed the FIA's finding that both Briatore and Symonds conspired to cause an intentional crash at the 2008 Singapore Grand Prix.
However, the Court did question the FIA's authority to impose bans upon Mr. Briatore and Mr. Symonds for procedural reasons and because they are not FIA licence holders and, according to the Court, are therefore not subject to any FIA rules. The FIA's ability to exclude those who intentionally put others' lives at risk has never before been put into doubt and the FIA is carefully considering its appeal options on this point.
The Court’s decision is not enforceable until the FIA's appeal options have been exhausted. Until then, the World Motor Sport Council’s decision continues to apply.
In addition, the FIA intends to consider appropriate actions to ensure that no persons who would engage, or who have engaged, in such dangerous activities or acts of intentional cheating will be allowed to participate in Formula One in the future.
I still cannot believe Nelsinho Jr escaped punishment for his major part in this scandal.
Aside from the fact that he totally sucked as a driver in Formula 1 anyway, if I were a team captain, I wouldn't touch him with a 10 foot tie rod!
Aside from the fact that he totally sucked as a driver in Formula 1 anyway, if I were a team captain, I wouldn't touch him with a 10 foot tie rod!
Christoforo
You're not getting old, the music just sucks!!
Fernando Alonso is currently the best... Period!!!
-)_ (-
(_!_) Inclined to get behind!!!
You're not getting old, the music just sucks!!
Fernando Alonso is currently the best... Period!!!
-)_ (-
(_!_) Inclined to get behind!!!
Okay (he said eating his words), maybe he didn't 'suck', but I think you guys know what I mean. He never came close to living up to his own hype. Truthfully, nobody who can make it into Formula 1 or any major race series can 'totally suck' at driving. How juvenile a remark was that to make?RE30B#16 wrote:Aside from the fact that he totally sucked as a driver in Formula 1 anyway, ...
(Never forget that when it comes to Formula 1, the crappiest guy out there is one of the best drivers on planet Earth.)
Christoforo
You're not getting old, the music just sucks!!
Fernando Alonso is currently the best... Period!!!
-)_ (-
(_!_) Inclined to get behind!!!
You're not getting old, the music just sucks!!
Fernando Alonso is currently the best... Period!!!
-)_ (-
(_!_) Inclined to get behind!!!
The FIA will appeal the decision. A statement by the FIA read:
Tribunal de Grande Instance
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.
While the appeal is underway, the Word Motor Sport Council’s decision of 21 September 2009 remains in full effect. 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.
Tribunal de Grande Instance
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.
While the appeal is underway, the Word Motor Sport Council’s decision of 21 September 2009 remains in full effect. 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.