On 27 October 2019, further to an interruption of the 4 Hours of Portimão, the Stewards decided to adjust the driving time for all the drivers (minimum driving time of the Appellant’s driver Martin Hippe was set to 1:22:06).

On that same day, the Stewards received a report of the Chief Timekeeper of the Portimão race which mentioned that the driving time for the driver corresponded to 1:05:53.881.

After having analysed the different documents submitted to them and heard the Appellant, the Stewards, by their Decision No.19 dated 27 October 2019, considering that the Appellant had breached Article 10.10.1.5 b) of the Sporting Regulations as well as Decision No.12, therefore decided to impose the following penalty: “9 laps to be added to the total lap time calculated by dividing the missing time (16 minutes 13 seconds) by the best lap time of the car (1:41.427) and convert it into number of laps”.

On 31 October 2019, the Inter Europol Competition appealed Decision No.19 taken by the Stewards during the 4 Hours of Portimão before the National Court of Appeal of the Fédération Française du Sport Automobile.

On 28 November 2019, the French National Court of Appeal confirmed the Decision No. 19 taken by the Stewards.

On 17 December 2019, the Inter Europol Competition decided to appeal the decision of the French National Court of Appeal before the International Court of Appeal.

Decision of the International Court of Appeal

The Court, after having heard the parties and examined their submissions, decided:

• To reject the appeal and confirm the decision of the National Court of Appeal of the Fédération Française du Sport Automobile, dated 28 November 2019, rejecting the appeal against Decision No. 19 of 27 October 2019 taken by the Stewards of the 4 Hours of Portimão counting towards the “European Le Mans Series 2019”;
• To order the competent Sporting Authority to draw, as appropriate, the consequences of this ruling.

The International Court of Appeal was presided over by Mr Thierry JULLIARD (Switzerland), and included Mr Javier BONE MATHEU (Spain), Mr Francesco de BEAUMONT (Italy) and Mr Philippe NARMINO (Monaco).

Full decision is available