Arbitral Award of the Court of Arbitration for Sport (CAS) - Appeal of Biaggi and Aprilia v/FIM.

2010-01-29 19:44
The Court of Arbitration for Sport (CAS) convened a hearing on 3 November 2009 in Lausanne (Switzerland) to judge the appeal lodged jointly by the rider Massimilliano Biaggi and Aprilia Racing Srl against the decision taken by the FIM Race Direction during the first race of the FIM Superbike World Championship in Monza on 10 May 2009 sanctioning the rider with a 20’’ time penalty for having cut the chicane no. 2 on the 7th lap pursuant to Art. 1.20 and 1.22.3 of the FIM Superbike World Championship Regulations.

The CAS confirmed that any available stages of appeal within the FIM jurisdiction had been exhausted; that the sanction imposed was in place of a “ride through” sanction pursuant to art. 1.20 of the SBK regulations and therefore no protest or appeal can be lodged against a “ride through”, this penalty being
considered as a “field of play decision” (Statement of fact).

Furthermore, the panel of arbitrators stated that the appeal filed on 29 May 2009 shall be considered as
late and therefore inadmissible.

On these grounds, the CAS:

“1. Declares the Appeal filed by Mr Massimiliano Biaggi and Aprilia Racing Sri on 29 May 2009 inadmissible.

2. Dismisses all other motions or prayers for relief.

3. States that the costs of the arbitration, to be determined and served onto the parties by the CAS Court
Office, shall be borne jointly and severally by Mr Massimiliano Biaggi and Aprilia Racing Srl.

4. Orders Mr Massimiliano Biaggi and Aprilia Racing Srl to pay jointly and severally to the Respondent a
contribution of CHF 3 '000.- towards its legal costs.”

Done in Lausanne, 23 December 2009
(Signed) Martin Schimke, President of the Panel

Source: FIM

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