Sauber lose appeal against Giedo racing
2015-03-12 08:31:31
Sauber will have to name Giedo van der Garde as one of their two drivers for the Australian GP after losing their appeal on Thursday.
Earlier this week, the Victoria Supreme Court upheld a judgement from a Swiss court that van der Garde was entitled to one of Sauber's two race seats.
The courts agreed with the Dutchman that he had a guarantee from Sauber that he would race this season only for the team to unceremoniously give him the boot in favour of Marcus Ericsson and Felipe Nasr.
Sauber appealed the ruling with the appeal hearing taking place on Thursday afternoon.
The team was unsuccessful.
According to Autosport, court documents read: "The respondent was ordered to refrain from taking any action the effect of which would be to deprive Mr van der Garde of his entitlement to participate in the 2015 Formula 1 season as one of Sauber's two nominated race drivers."
At 4pm on Thursday Sauber will have to name their two nominated drivers for this weekend's grand prix and F1 now awaits to see how will partner van der Garde, who has yet to obtain a super license, in Melbourne.
Reports in Melbourne are that van der Garde's legal team has filed a contempt of court application to force Sauber to comply with the order.
From Planet F1
Australian GP: Sauber lose appeal over Giedo van der Garde ruling.
Sauber have failed in an appeal to overturn a court ruling that says Giedo van der Garde should race for the team at Sunday's Australian Grand Prix.
Van der Garde, 29, a former test driver for Sauber, says he was promised a race seat for this season, a claim backed by the Victoria Supreme Court this week.
Three appeal judges ruled against the team on Thursday, clearing the way for the Dutchman to compete this weekend.
Marcus Ericsson and Felipe Nasr are the team's nominated drivers for 2015. - "The appeal is dismissed because we see no error in the reasoning of the trial judge.
Sauber were also ordered to pay Van der Garde's legal costs.
Speaking outside court, Van der Garde said: "Sauber has to work with us now. There is no other issue."
It is unclear whether Sauber will drop one of their current drivers to accommodate Van der Garde in Melbourne this weekend, or race with Ericsson and Nasr and risk contempt of court.
BBC Radio 5 live commentator James Allen says current rumours in the Melbourne paddock indicate Swedish driver Ericsson would be the man to step aside should Van der Garde drive. Reporters at the Victoria Supreme Court say Van der Garde's legal team has filed a contempt of court application to force Sauber to comply with the order. Van der Garde's lawyer said failure to comply could result in the seizure of Sauber's assets. Sauber have been asked to provide a list of those assets, which includes their cars and equipment currently at Melbourne's Albert Park. Court proceedings are due to continue at 10:30 local time on Friday (23:30 GMT), just two hours before the start of first practice.
Prior to launching their failed appeal, Sauber team principal Monisha Kaltenborn said letting Van der Garde race at such short notice - in a car designed for Ericsson or rookie Nasr - would be unsafe. "What we cannot do is jeopardise the safety of our team, or any other driver on the track, by having an unprepared driver in a car that has now been tailored to two other assigned drivers," she said.
Van der Garde must still acquire a valid super-licence - required for any driver to compete in F1 - if he hopes to compete this weekend, as last season's has now expired and has not been renewed. His application must go through the motorsport authorities in his native Netherlands, who in turn must apply to the sport's world governing body, the FIA, but Van der Garde is confident of pushing the paperwork through in time.
F1 drivers on Sauber v Van der Garde
Force India driver Nico Hulkenberg: "Geido wants what he was promised and what he signed for, and I think also paid for, and it's his right. I'm not surprised [Sauber is in this position]. They were desperate for money to survive but it's not a way to do business and to screw people like this."
Williams driver Felipe Massa: "It shouldn't be the way people treat drivers. They should respect drivers. It's not fair when people treat you the way he has been treated. It doesn't matter if you are a driver or an engineer. If there is a contract then that should be respected. Drivers should stand up for their rights, so I see it as a good thing for all drivers."
Force India driver Sergio Perez: "We [the drivers] need this work and this career, so it's not fair when people are not treating you the way you have to be treated."
McLaren's Jenson Button on Sauber's claim that it would be unsafe for Van der Garde to drive: "For me it is a shame that they have gone in that direction, because safety is always a concern in motorsport and we shouldn't be throwing it around lightly. Personally, him driving the car is not a safety issue. I think it is unfair to use that against Giedo.
From the BBC
Edited by CrazyCatz2012, 12 March 2015 - 01:27 PM.