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The Chief Officers' Network - your business advantage / Special Interest / Motorsport / F1: Court orders FIA to unban Briatore and Symons; FIA may appeal




The French Court found that the FIA has no jurisdiction to impose sanctions against third parties, that is those who are not licence holders, members of national sporting authorities and other, limited, parties.

The FIA had ordered those over whom it does have jurisdiction not to work with Briatore or Symons: the French court found that this was, in effect, sanctions against the two - and that was ultra vires.

The decision also found that there were "irregularities" and because of the role of Max Moseley, then FIA President, in the process when he was in dispute with Briatore over an unrelated matter.

"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 Judgement says.

The FIA has been ordered to advertise the removal of the ban in French newspapers at its own expense and to notify all teams within two weeks.

But the FIA is considering whether to appeal.

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