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WSBK – Max Biaggi loses CAS Appeal for Monza Race

The slow wheels of justice aren’t limited only to Italy, it looks like the Swiss Court of Arbitration for Sport (CAS) and likes to take its sweet time (7 months) before deciding on racing appeals as does Max Biaggi and Aprilia Racing about filing them.

Many of you may remember that after the carnage during Race 1 at Monza last year, the race had to be re-started and during the 7th lap Biaggi cut the Roggia chicane and after the race while heading to the podium to claim his third place, was stopped by the Race Direction and penalized twenty seconds which put Biaggi in 11th place in the race standings and bumping Ryuichi Kiyonari into third.

Understandably the Roman Emperor had a fit, claiming that the Race Direction had all the time to give him a ride through and that cutting the chicane didn’t gain him any advantage in the race.
The CAS has ruled against the appeal stating that it was filed too late, therefore inadmissable.
Wonderful.
You’d think that Aprilia’s lawyers could have checked out the CAS website or phoned to check about filing deadlines.

After the jump, CAS press release.
Arbitral Award of the Court of Arbitration for Sport (CAS) Appeal of Biaggi and Aprilia v/FIMThe Court of Arbitration for Sport (CAS) convened a hearing on 3 November 2009 in Lausanne (Switzerland) to judge the appeal lodged jointly by the rider Massimilliano Biaggi and Aprilia Racing Srl against the decision taken by the FIM Race Direction during the first race of the FIM Superbike World Championship in Monza on 10 May 2009 sanctioning the rider with a 20” time penalty for having cut the chicane no.
2 on the 7th lap pursuant to Art.
1.
20 and 1.
22.
3 of the FIM Superbike World Championship Regulations.
The CAS confirmed that any available stages of appeal within the FIM jurisdiction had been exhausted; that the sanction imposed was in place of a “ride through” sanction pursuant to art.
1.
20 of the SBK regulations and therefore no protest or appeal can be lodged against a “ride through”, this penalty being considered as a “field of play decision” (Statement of fact).
Furthermore, the panel of arbitrators stated that the appeal filed on 29 May 2009 shall be considered as late and therefore inadmissible.
On these grounds, the CAS:“1.
Declares the Appeal filed by Mr Massimiliano Biaggi and Aprilia Racing Sri on 29 May 2009 inadmissible.
2.
Dismisses all other motions or prayers for relief.
3.
States that the costs of the arbitration, to be determined and served onto the parties by the CAS Court Office, shall be borne jointly and severally by Mr Massimiliano Biaggi and Aprilia Racing Srl.
4.
Orders Mr Massimiliano Biaggi and Aprilia Racing Srl to pay jointly and severally to the Respondent a contribution of CHF 3 ‘000.
– towards its legal costs.
”Done in Lausanne, 23 December 2009(Signed) Martin Schimke, President of the Panel

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