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Decision Date Note: Please note that this index is provided for guidance only and has no binding force. The International Court of Appeal is not bound by its previous decisions. Appellant Competitor Sporting Rules and issues No. Date Contested Act(s) Decision of the Court (ASN) appealing discipline examined ICA-2016- 16.09.2016 ACCUS Dragon 2015-2016 FIA Decisions Nos 5 and 10 Maximum energy The Appellant failed to provide proof that the 04 Racing Formula E dated 3 July 2016 of the allowance = drive- intention of appeal had been given within one Championship Stewards of the through penalty hour Competition of London (converted in 50 The penalties of driving through and stopping in seconds penalty) pit lanes and certain other penalties, including the Emerging from the pit time penalties, cannot be subject to an appeal lane in a potentially The Court stressed that it was not bound by dangerous manner (one- precedents, especially when it came to a legal second penalty) issue which had been dealt with only once by the Content of the ICA notification of appeal The FIA can freely decide how to organise its (reasons of the appeal) internal processes, which are clearly regulated by [Article 10.1.1 of the the ISC and the Regulations Judiciary and The Court can only check whether the Stewards Disciplinary Rules] are competent to impose time penalties, which Decisions which cannot was indeed so in the present case be subject to an appeal The appeals were inadmissible [Article 12.2.4 of the International Sporting Code] [Article 16.3 of the Formula E Championship Sporting Regulations] ICA-2016- 09.06.2016 ACI-CSAI Honda 2016 FIA Decisions Nos 1, 3, 5, 6, 7 Compliance of the flat Stewards may only delegate their authority to the 03 Racing World Touring and 8 dated 26 May 2016 bottom and the rear Stewards of the subsequent event Team Jas Car of the Stewards of the hatch The Stewards having declared the cars compliant Championship Race of Germany related [Article 263 of the and authorised their start the competitors must be (WTCC) to the Races of Hungary International Sporting able to rely on the decisions issued by the and Morocco Code] Stewards in compliance with the principle of Delegation of powers of legal certainty the stewards The modification of a homologated part without [Article 11.9.2.s of the explicit permission has to be considered in itself International Sporting as a breach of the Regulations, even if the Code] modification could have been homologated The performance advantage would never be taken into account to determine the sanction to be imposed (Article 1.3.3 of the ISC) The appeal was partially upheld ICA-2016- 13.07.2016 JAF Toyota 2016 World Decision No. 55 dated 7 Minimum driving time The notification of appeal did not include the 02 Gazoo Endurance May 2016 of the Stewards => time penalty equal “reasons for bringing the appeal” (Article 10.1.1 Racing Championship of the 6 Hours of Spa- to the missing driving of the Judiciary and Disciplinary Rules); (WEC) Francorchamps time. The wording of Article 10.1.1 did not provide [Article 10.10.2 of the any margin of appreciation as to whether the lack 2016 WEC Sporting of any of the listed formal requirements in the Regulations] Notification of the appeal was of crucial or Content of the clerical nature; notification of appeal The appeal was inadmissible. (reasons of the appeal) [Article 10.1.1 of the Judiciary and Disciplinary Rules ICA-2016- 27.05.2016 DMSB X-Raid 2016 Dakar Decision dated 2 March Refuelling during a The interpretation of the Dakar 2016 Cars/Trucks 01 2016 of the National Court Neutralisation section Regulations on whether refuelling was authorised of Appeal of the [Dakar 2016 or not “within the neutralisation of a selective Fédération Française du Cars/Trucks section” is a key argument of this case; Sport Automobile (FFSA), Regulations] This interpretation must be made in compliance having ruled on an appeal with the requirements set out in Articles 1156 et brought by X-raid seq. of the French Code Civil; Motorsport GmbH against In the present case, it must be concluded that the Decision No. 2.14 taken “Neutralisation section” is a “road section” in by the Stewards of the which the Regulations authorise refuelling: 2 Dakar 2016 on 12 January The appeal must be rejected 2016 ICA-2015- 18.12.2016 FAMS Tsunami 2015 Porsche Decision No. 9/15 dated 5 Misconduct during the Both the national and international courts of 06 Carrera Cup November 2015 of the race appeal must exercise restraint when it comes to Italia National Tribunal of [Articles 144, 123 ter the pure assessment of a race incident and of the Appeal of the Automobile and 165 lit. A of the sanction imposed on a competitor by the Club d’Italia- National Sporting Stewards Commissione Sportiva Regulations] In the present case, it did not find decisive Automobilistica Italiana elements which would lead it to set aside both (ACI-CSAI) having ruled Decisions and to change the sanction imposed on on an appeal lodged by the competitor Antonelli Motorsport The appeal must be rejected against the decision No. 7 The Court recalled that according to the dated 17 October 2015 of Regulations the parties must bear their own the Stewards of the expenses or legal defense fees; Mugello competition The costs related to the Italian translation (at the (Italy) request of the parties) are borne equally between them. ICA-2015- 18.12.2015 ACI-CSAI Honda 2015 FIA Decision No. 12 dated 1 Non-compliance of The appeal was withdrawn by the Appellant. 05 Racing World Touring November 2015 of the ground clearance) => Team Jas Car Stewards of the Chang exclusion Championship International Circuit [Articles 5 and 6 of the (WTCC) (Thailand) WTCC Sporting Regulations] [Article 263-205, Appendix J and the International Sporting Code] ICA-2015- 18.12.2015 AKK Printsport 2015 FIA Decision No. 12 dated 21 Breach of the WRC The appeal was withdrawn by the Appellant. 04 Motorsport World Rally October 2015 of the Sporting Regulations Championship Stewards of the Tour de and the International The Court decided to restitute one half of the (WRC3/WRC Corse Sporting Code (non- appeal deposit due to the withdrawal date and the Junior) compliance of the water progress that had been made in the proceedings. pump) => 60-minute penalty 3 ICA-2015- 28.07.2015 ÖAMTC Grasser Blancpain GT Decision dated 20 May Delegation of power of Scrutineering was not carried out in the 03 GmbH International 2015 of the National Court Scrutineers [Article conditions set out in the Code, in that it was not Series of Appeal of the Royal 11.14 of the 2015 carried out at the request of the Clerk of the Automobile Club of International Sporting Course and/or the Stewards Belgium (RACB) taken on Code] The Court declared the appeal to be well-founded appeal against the decision Presence of an official and quashed the decision of the RACB Court of No. 43 dated 12 April representative of the Appeal as well as the Stewards’ original decision 2015 of the Stewards of competitor during the competition of Monza scrutineering [Article (Italy) 67 paragraph 3 of the GT3 Regulations] ICA-2015- 16.07.2015 ACI-CSAI Prema Formula 3 Decision No. 45 dated 30 Power to lodge an The appellant’s ASN alone is competent to notify 02 Powerteam May 2015 of the Stewards appeal [Article 12.1.1 the appeal on behalf of its licence-holder and it is Srl of the Monza competition of the 2015 JDR] not up to the Court to take into consideration the by which the Driver was internal misunderstandings that may arise sanctioned as a result of a Consequences of the between an appellant and its ASN collision that occurred withdrawal of an appeal Despite the request to withdraw the appeal, the during Race No. 2 of the [Article 12.2 of the very particular circumstances of this case made it Monza competition with 2015 JDR] necessary to hold a hearing to examine whether the obligation to start from or not the appeal, which allowed the appellant to the pit lane for the next benefit from the suspensive effect of the appeal, race the Driver will was of a frivolous nature participate The Court concluded that the appeal was inadmissible for not having included, within the appeal deadline, all the elements foreseen by Article 12.1.1 of the JDR The Court then referred to the general principle of economy of procedure and to the need to adopt a utilitarian approach to its mission to conclude that, in the particular circumstances of this case, it would be unwise not to resolve the fundamental question immediately. The Court decided to replace the Stewards’ decision (starting from the back of the grid) with exclusion from the race in which the competitor took part normally 4 ICA-2015- 5.06.2015 Mr Nasser World Cup for Decision n°3 dated 2 April Power to lodge an An appeal before the ICA must be notified by the 01 Al Attiyah Cross Country 2015 of the Stewards appeal [Article 12.1.1 ASN of the competitor, whereas in this case the Rallies under which the car driven of the 2015 JDR] appeal was lodged directly by a representative of by the Appellant had the competitor failed to meet the measurements required of There is nothing in the JDR or in the Code that its vertical suspension authorises the Stewards, or holds out that the travel Stewards as having the right, to give instructions to the competitors with respect to the appeal procedure The appeal is inadmissible ICA-2014- 5.12.2014 Abu Dhabi Request for ICA-2014-04 Conditions of a request A request for review can be examined only if 04.2 Racing review for reviewing a new evidence is discovered
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