The High Court in London has ruled that Felipe Massa's case relating to the 2008 world championship will go to trial, though the Brazilian's claim against the FIA is dismissed.
Massa, was taking the sport's governing body, F1 itself - in the form of Formula One Management - and former F1 supremo, Bernie Ecclestone, to court over the 2008 world championship.
The case revolved around events at the 2008 Singapore Grand Prix and the saga that came to be known as Crash-gate, whereby Nelson Piquet Jnr was deliberately instructed to crash in a bid to aid his teammate, Fernando Alonso.
While Crash-gate became one of the sport's biggest scandals, with the passing of time it was all but forgotten about.
Then, in a 2023 interview with the German media, Ecclestone is alleged to have said that he and (then) FIA president, Max Mosley, were aware of the scandal much earlier than was widely thought, but opted to keep it quiet for the good of the sport's reputation.
At season end Massa missed out on the title by one point, however in the wake of Ecclestone's alleged admission the Brazilian argued that the result of the race should have been declared void and that if it had he would have won the title.
Following a three-day hearing last month, today Mr Justice Jay ruled that the case may go ahead.
Admitting that Massa had "no real prospect of establishing that the FIA's duties were owed to him", but that "he does have a real prospect of proving at trial all the components of his unlawful means conspiracy", Mr Justice Jay said that "the same analysis applies to the inducement claim".
"In my judgment, Mr Massa is not entitled to claim declaratory relief for reputational or publicity reasons," he said. "The present claim cannot of course rewrite the outcome of the 2008 drivers' world championship, but if declaratory relief along the lines sought were granted that is how Mr Massa would present his victory to the world and it is also how it would be perceived by the public.
"The second declaration is in the terms that were it not for the FIA's breaches of duty, Mr Massa would have won the championship: in other words, that he should have won the championship," he added. "The FIA, as an international sporting body outside the reach of this Court, could and would simply ignore any such declaration.
"That underscores its lack of practical utility, but the declaration comes too close in my view to impinging on the right of the FIA to govern its own affairs."
In reaction to today's ruling the FIA, which was represented by John Mehrzad KC instructed by Imogen Mitchell-Webb, Partner and Head of Sports, and Jennette Newman, Partner and Head of London office, of Horwich Farrelly Limited, issued a brief statement.
"The Honourable Mr Justice Jay has this morning handed down judgment in the Defendants' High Court application for strike out and summary judgment in Felipe Massa v. (1) Formula One Management Limited (2) Bernard Charles Ecclestone (3) Fédération Internationale de l'Automobile," it reads.
In the judgment, the Court dismisses the following claims against the FIA:
1. Mr Massa's breach of contract claim which was based on the allegation that the FIA's failure to investigate the Crashgate incident in 2008 was a breach of its regulations. This was dismissed on the basis that there was no real prospect of success, and because it is statute barred.
2. Mr Massa's tort claim against the FIA which was based on the same allegation as above, but asserting that this was also a breach of duty, was dismissed on the basis it was statute barred.
3. Mr Massa's claim for declarations that (i) the FIA acted in breach of its own regulations in allegedly failing to investigate the circumstances of Crashgate promptly in 2008; and (ii) had the FIA not breached its regulations, Mr Massa would have won the F1 Drivers' Championship in 2008. These claims were dismissed as there was no real prospect of such declarations being made by the Court.
The Court emphasised in its judgment "a number of obstacles" Mr Massa faces on causation (paras. 147-148) - in other words, obstacles in establishing that the alleged conspiracy was the cause of his alleged losses.
The Court also highlighted "serious doubts" about the breach of duty claim which Mr Massa is directed either to abandon or support with a further French law expert opinion before the Court decides whether to grant permission for it to continue (such continuance only being relevant to the conspiracy claim, as the standalone tort claim is statute barred, as per 2 above) (para. 223).
The Court has otherwise permitted the unlawful means conspiracy claim against the three Defendants to proceed to a full trial albeit on significantly narrowed grounds and subject to (i) reformulation of the claim by Mr Massa; (ii) the French law expert evidence mentioned above; and (iii) any applications for permission to appeal.
"This is an extraordinary victory," said Massa in reaction to the ruling, "an important day for me, for justice, and for everyone passionate about Formula 1.
"The Court acknowledged the strength of our case and did not allow the defendants to smother the truth about 2008. The deliberate crash cost me a world title, and the authorities at the time chose to cover up the facts instead of defending the integrity of the sport.
"They did everything they could to stop the lawsuit, but our fight is for justice, and today we took a decisive step. The truth will prevail at trial. We will investigate everything thoroughly. Every document, every communication, every piece of evidence revealing the conspiracy among the defendants will be presented.
"I am more determined and confident than ever," he insisted. "When the whole truth comes to light, justice will be served - for me, for Brazilians, for the tifosi, for all motorsport fans who deserve an honest sport, and for the very future of F1."
The full judgment is available here (pdf).
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