On 25 July 2010, at the Grand Prix of Germany, the Stewards of the meeting found an infringement by the Scuderia Ferrari to the prohibition of team orders interfering with a race result and then decided to impose a fine of $100,000 and to forward the dossier to the World Motor Sport Council for further consideration.
The Judging Body of the World Motor Sport Council held an extraordinary hearing in Paris on 8 September 2010 to examine this matter.
After an in depth analysis of all reports, statements and documents submitted, the Judging Body has decided to confirm the Stewards’ decision of a $100,000 fine for infringing article 39.1 of the Sporting Regulations and to impose the payment of the costs incurred by the FIA.
The Judging Body has also acknowledged that article 39.1 of the Sporting Regulations should be reviewed and has decided to refer this question to the Formula One Sporting Working Group.
Proceedings
In March 2010 at Bahrain at the initiative of the FIA President, the World Motor Sport Council adopted a new transitional disciplinary procedure, in order in particular to ensure the separation between the prosecuting body and the judging body. At the General Assembly on 5 November 2010, a more global reform of the FIA judicial system will be submitted for approval, including in particular the creation of an International Tribunal which will exercise the disciplinary power in the 1st instance in place of the World Motor Sport Council.
In application of this new procedure, previously applied within the context of the US F1 case, the FIA President exercises the role of prosecuting body. As such, he has the authority to notify any person being prosecuted of the grievances brought against him and to submit the matter to the Judging Body of the World Motor Sport Council, chaired by the Deputy President for Sport, Mr Graham Stoker.
The Deputy President for Sport has the power to proceed with an investigation and, within this context, to designate a reporter from among the members of the World Motor Sport Council.
In the present case, the Deputy President for Sport designated Mr Lars Österlind, a member of the World Motor Sport Council, as reporter. Mr Österlind’s report was forwarded to the Scuderia Ferrari Marlboro as the party being prosecuted.
Prior to the hearing, the members of the Judging Body of the World Motor Sport Council received all the documents in the case, including the observations submitted by the Scuderia Ferrari Marlboro.
The FIA President did not attend the hearing but was represented by Maître Jean-Pierre Martel from the law firm Orrick Rambaud Martel.
The hearing before the Judging Body of the World Motor Sport Council, assembled on 8 September 2010 in an extraordinary meeting, was chaired by the Deputy President for Sport and allowed the hearing, in person, of Mr Stefano Domenicali, Team Principal of the Scuderia Ferrari Marlboro, assisted by lawyers, Mr Henry Peter and Nigel Tozzi. The World Motor Sport Council had the possibility to join the drivers Mr Fernando Alonso and Mr Felipe Massa via video conference.
+ Mclaren win // Ferrari = FAIL - engine blow up - mainly Alonso