International GT Open International Championship – ICA decision – Hearing 09 01 24 – Optimum Motorsport

31.01.24

The following hearing of the International Court of Appeal took place on 9 January 2024 in Paris:

FIA Flag

Hearing

Case ICA-2023-03: Appeal lodged by Optimum Motorsport against the Decision No. 2/2023 dated 4 October 2023 of the National Court of Appeal and Discipline of the Spanish Automobile Federation (Real Federacion Espanola de Automovilismo) upholding the Decision No. 27 issued on 10 September 2023 by the Panel of the Stewards of the event at the “Red Bull Ring” circuit (Austria) counting towards the 2023 International GT Open International Championship

During Race 2 of the Austrian Round held at the Red Bull Ring on 10 September 2023 within the framework of the 2023 International GT Open, the Safety Car was deployed three times. One of the Competitors, Team Motopark, lodged a protest before the Stewards based on the fact that the restart after the second Safety Car period took place in a wrong order.

After having heard the Team Motopark, the Race Director and the Chief Timekeeper, the Stewards issued the Decision No. 27 whereby they dismissed the request from Team Motopark to amend the classification or to cancel the results of the Race.

Team Motopark notified its intention to appeal the Stewards’ Decision and confirmed the appeal before the Spanish National Court of Appeal.

The National Court of Appeal of RFEdA heard the Team Motopark on 4 October 2023 and decided to cancel both the Stewards’ Decision and the Race and therefore the classification of the Race.

On 21 October 2023, the Decision of the National Court of Appeal of RFEdA was notified to the Teams and the Competitors of the Race.

On 26 October 2023, Optimum Motorsport decided to appeal this decision 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 declare the appeal admissible;
  • to quash Decision No. 2 dated 4 October 2023 of the National Court of Appeal and Discipline of the Spanish Automobile Federation (RFEdA) quashing Decision No. 27 dated 10 September 2023 of the Stewards of the event held at the “Red Bull Ring” circuit in Austria counting towards the 2023 International GT Open International Championship;
  • to uphold Decision No. 27 dated 10 September 2023 of the Stewards of the event held at the “Red Bull Ring” Circuit in Austria counting towards the 2023 International GT Open International Championship.

The International Court of Appeal was presided over by Mr Gérard MARTIN (Belgium), and included Mr Laurent NUSS (France), Mr Robert PERGL (Czech Republic) and Mr Walter Sofronoff (Australia).

Full decision is available here.