Ferrari Advised of Legal Action by Ecclestone | FerrariChat

Ferrari Advised of Legal Action by Ecclestone

Discussion in 'F1' started by jknight, May 22, 2009.

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  1. jknight

    jknight F1 Veteran

    Oct 30, 2004
    7,821
    Central Texas
    per Autosport this morning:

    Formula 1 supremo Bernie Ecclestone has hinted that Ferrari could face legal action if it walks away from the sport at the end of this year.

    Ahead of crunch talks between teams and FIA president Max Mosley in Monaco today, Ecclestone has upped the ante by suggesting that Ferrari would be in breach of contract if it did not enter F1 in 2010.

    It comes after a French court ruled this week that agreements in place between Ferrari, Ecclestone and the FIA, which locked the team into F1 until 2012, were valid.

    Ecclestone told The Times newspaper that he was in no doubt that Ferrari had a commitment to be in F1.

    "We would always respect our contracts," Ecclestone said. "And all the teams that have signed contracts with us would expect us to respect them, and we would expect the same from Ferrari. They are saying they are going to walk, we are saying we hope they respect their contract."

    There are also suggestions that Ecclestone has written to Ferrari president Luca di Montezemolo telling him that television rights money paid to the team, believed to be worth hundreds of millions of pounds, may have to be returned if the team breaks its contract.

    F1 teams are set to meet on Renault boss Flavio Briatore's yacht in Monaco on Friday afternoon to talk about their response to Mosley's refusal to compromise on plans on a £40 million voluntary budget cap. A meeting with the FIA president is set for later in the day.

    * * * * *
    I forsee the Concorde legal problem stopping Ferrari from 'walking away' this year - the potential of repayment of tv rights money may be a definite factor (unless there's an escape from the agreement or that they say it's worth paying the penalty) - if the other teams join Ferrari in walking is Bernie then going to sue them - that will make the 'sport' look really fantastic, huh? So then in 2012 at the end of the agreement the 'series' as it exists now totally self-destruct with the teams not renewing contracts with the powers to be.

    Also could there be ramifications that Bernie and Max could impose invoke on FIA approved circuits if a break-away series would occur or heaven forbid could they invoke sanctions on the other series should any of the break-away teams participate? Acutally sounds like Bernie and Max have Ferrari and the other teams by the 'short hairs' and like it or not they must continue in F1 as it exists.

    Carol

    Here's Flavio's yacht, 'Force Blue': http://yachts.monacoeye.com/yachtsbysize/pages/forceblue01.html
     
  2. treventotto

    treventotto Formula Junior

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  3. jknight

    jknight F1 Veteran

    Oct 30, 2004
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    Central Texas
    My thought too - not at all what I expected, especially for him!

    Carol
     
  4. jknight

    jknight F1 Veteran

    Oct 30, 2004
    7,821
    Central Texas
    an excerpt from crash.net


    In arguing its case in court, Ferrari made clear its conviction that in driving through the cap without first consulting competitors about it, the FIA had reneged on exclusive rights it guaranteed to the team in 2005 in exchange for the secret €100 million deal brokered by Luca di Montezemolo that quashed the danger of a manufacturer-led breakaway series and led to the signing of the new commercial rights-based Concorde Agreement.

    It now appears, however, that since the Tribunal de Grande Instance recognised the legality of the Concorde Agreement, Ferrari may in fact be contractually-bound to honour its own side of the bargain, by which it committed to F1 until 2012. The Maranello-based outfit is arguing that the governing body has failed to abide by the 2005 deal and is continuing to debate the wisdom of further legal action, with the FIA countering that Ferrari gave up their special rights when they helped to form FOTA.

    Mosley insists that teams can only bid to change or prevent changes in the regulations once they have signed up to the season, but with their 'right of veto' – similarly granted under the terms of the secret deal – also having been recognised by the Parisian court, the 31-time world champions remain adamant that the battle is far from over yet.

    “We are not worried,” a Ferrari spokesman is quoted as having said by the Daily Telegraph. “The court recognised the validity of the Concorde Agreement, and we are now deciding whether or not to continue with our legal action. We are hoping it will not come to this and that we can find a way forward.

    “Ultimately, if the Concorde Agreement is binding, then the FIA broke it when they changed the sporting rules without respecting the agreed procedures, which state that only the F1 Commission can do so.”
     
  5. kraftwerk

    kraftwerk Two Time F1 World Champ

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    The problem is the FIA with Max at the helm: He has made it a law unto itself, last time: Between 1997 and 2000 Mosley repeatedly said that if the EU decision went against the FIA, the marketing organisations and F1 itself would be moved out of Europe. In 2000, the EU Commission Directorate-General for Competition decided that the FIA’s practices were against European competition law.

    He maybe alot things, but he is one clever mother, when it comes to law, thats why Bernie hooked up and put up with him.

    One can only hope Mosley may have met his match in Luca Di Montezemolo.

    And that then leaves his greatest achievement in the history books as: Making the headlines in the NOTW getting spanked by some hookers..:D
     
  6. VIZSLA

    VIZSLA Four Time F1 World Champ
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    Let's see Max says "we don't need Ferrari". Bernie says "we'll sue to keep them".
    Talk about the gang that couldn't shoot straight.
     
  7. spirot

    spirot F1 World Champ

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    but did not the FIA breach the agreement first with the Veto rights? if that is so, then Ferrari I would assume is free to go?

    I can't imagine Ferrari paying any TV money back... and I doubt they will not enter the F-1 championship... but entering and participating are two things?

    put in 2 cars from this year, run the min laps and retire. keep the fans up set, and no sponsorship etc... that will kill F-1
     
  8. ferrari sulla pellicola

    ferrari sulla pellicola Formula Junior

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    excellent strategy but theres no way Ferrari would go there!
     
  9. redtrman

    redtrman Formula 3
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    Clearly it is a contract issue so both sides are going to argue that the other side breached the contract while the other side will argue it did not breach, but the other party breached. Great for the lawyers, but it will come down to the contract details.
     
  10. mousecatcher

    mousecatcher Formula 3

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    the court has already decided that FIA has not breached the contract. at least, that is my understanding as no injunctive relief was provided.
     
  11. lmunz22

    lmunz22 Formula 3

    Jan 16, 2007
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    It would seem as though they have already started using that strategy this season.
     
  12. LightGuy

    LightGuy Four Time F1 World Champ

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    Ferrari crying Wolf yet once again.
    What became clear during Speeds commentary for today's practice are details of Ferrari special deals with BernieMax.
    All that Karma and bad seed coming home to roost.

    I dont know why most F1 fans continue to offer blind support to Ferrari. They are such a moral disappointment.

    What needs to happen is that the teams hire an outside arbitrator/agent to work for their combined (F1's) best interest.
    F1 does not need BernieMax.
    F1 does not need FOM
    F1 does not need the FIA.
    F1 IS the teams. Always has been always will be.
    Now is the time for the old "united we stand" deal. FIA will go along. This WILL work as long as teams such as Ferrari dont grab the 20 pieces of silver for short term greed.
     
  13. SrfCity

    SrfCity F1 World Champ

    Theater. When it's all said and done they'll still be racing.
     
  14. spirot

    spirot F1 World Champ

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    I'm not sure i get it... Ferrari are the lynch pin for F-1... if you lose them then you really have nothing... other than Lotus or Porsche... which dont race anymore... you have nothing... so Ferrari to have special rights etc... is not a suprise... especially during the Schumacher years... I think that is why you have blind following of Ferrari.

    at the end of the day any series that has Ferrari is "special" just becuase of the histroy etc... a bit hte same as Porsche...
    Not many regular fans will turn up to see Brawn GP to race against red bull, and Williams and McLaren.
     
  15. TurboFreak650

    TurboFreak650 Formula 3

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    This is the bottom line. And we all know Bernie worships the bottom line, so..... :eek:
     
  16. IanMac

    IanMac Formula 3

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    Ferrari don't have special rights because they are the lynch pin of F1, they were given those special rights as a bribe to turn their backs on their fellow constructors and thwart a breakaway from the FIA.
     
  17. RP

    RP F1 World Champ

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    #17 RP, May 24, 2009
    Last edited: May 24, 2009
    Ouch, how the truth can hurt. People that defend Ferrai's position seem to think the Scuderia are innocent bystanders. Their position today with the FIA has nothing to do with the other 9 teams, only for Ferrari. As a fan and follower of Ferrari for 35 years, that is very disappointing. As a fan of F1, that position is very irritating.

    Instead of threats, they should have taken the lead and offered the best solution, and not act like the kid that did not like the playgorund rules and decide to take HIS ball and go home.
     
  18. VIZSLA

    VIZSLA Four Time F1 World Champ
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    Ron doesn't the FIA as a regulatory entity have to answer to a higher authority? While I am also disappointed with Ferrari they are a company looking to maximize their position and can't be faulted for taken an edge when it is offered.
     
  19. kraftwerk

    kraftwerk Two Time F1 World Champ

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    The FIA/Bernie gave Ferrari money and special rights!!

    Holy cow how thick can some on here get, why is it they can defend the FIA over this! or is it because they have the intellectual capacity of a dirty potato, or maybe there brain's would make a grain of sand look large and ungainly, laughable.
     
  20. VIZSLA

    VIZSLA Four Time F1 World Champ
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    While we're at it, bad news Steve. There's no Santa Claus either.
     
  21. kraftwerk

    kraftwerk Two Time F1 World Champ

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    Oh ****...thats my 430 out the window then...;)

    Thank god I've got you ..:)
     
  22. Sfumato

    Sfumato F1 World Champ

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    Have you tried de-caff?
     
  23. VIZSLA

    VIZSLA Four Time F1 World Champ
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    That is Steve on De-Caff;)
     
  24. kraftwerk

    kraftwerk Two Time F1 World Champ

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    I haven't No, I'm going to conduct myself with no decorum. Shove off
     
  25. Sfumato

    Sfumato F1 World Champ

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    That's restating the obvious. You related to Frank Williams, or just another cranky bastage. Moron, I wasn't disagreeing with you. Talk about potatoes ;)
     

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