The Court has decided to freeze the sanction imposed on the Honda Spaniard for the accident in Portugal: he affirmed that the irreparable damage to the rider and the team outweighs the FIM’s interest in maintaining the status quo and wants to examine the case carefully before to express themselves definitively
The penalty imposed on Marc Marquez after the accident triggered at the Portuguese GPthe double Long Lap Penalty, remains suspended in its execution, waiting for the FIM Court of Appeal issue its final verdict. This is the (non) decision of the FIM MotoGP Court of Appeal, made up of Sakari Vuorensola, Robert Hofstetter and Marek Malecki, after it was involved by the FIM Appeal Steward following Honda’s appeal. The Tokyo manufacturer had appealed against the decision of the Stewart Panel which at first had indicated the race in which the Spaniard should serve the double Long Lap “In the GP of Argentina”, and then corrected, two days later, to “In the next GP in which the rider will be able to participate”. The Honda in his appeal to the FIM Appeal Steward Panel had highlighted a “Change of criteria on the application of the penalty”, with the FIM Appeal Stewards who decided to refer the case to the MotoGP Court of Appeal “for the adequate resolution of the case”. Now the FIM Court of Appeal takes time and freezes the sanction until the final sentence on the case.
suspended execution
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In the long and complex press release from the FIM it emerges that “The execution of the Notification of the Steward Panel of the FIM MotoGP of 28 March 2023, relating to the application of the sanction inflicted on Marc Marquez in relation to the previous notification of the sanction of the same Steward Panel of 26 March 2023, is suspended until the appeal presented by Marc Marquez and the Honda Team is finally resolved”.
practical implications
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Going into practice, if Marc Marquez, who missed the GP of Argentina and Austin due to injury, should return for the GP of Spain on 30 April and a decision has not yet been made, he will not have to serve the double Long Lap Penalty at Jerez. Should the decision of the FIM MotoGP Court of Appeal reject Honda’s appeal, the double long lap penalty will instead be served in the first race following the ruling, otherwise it will be cancelled.
the reasoning
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The suspension of the execution of the sanction was decided following the fact that Honda believes it has presented evidence which “demonstrate that there is a reasonable possibility of success for the appeal”, with the Court which “in the present case takes note of the claim of the Appellants Marquez and Honda, according to which the consequence of carrying out the double Long Lap in the following race of MotoGP would have an impact on the rider’s time and position in that race and therefore on the championship. According to the reasoning of the Appellants, such irreparable damage to the rider and the team outweighs the FIM’s interest in maintaining the status quo.” Consequently, the FIM’s MotoGP Court of Appeal considered that the suspension of the enforcement of the sanction is necessary to thoroughly examine the evidence presented by the two parties. All frozen, in short.
April 13, 2023 – 21:28
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