BAR Decide not to Challenge Appeal

BAR-Honda will miss the Spanish and Monaco Grands Prix, having decided not to challenge in a civil court the decision of the FIA's court of appeal to ban the team for two races

BAR Decide not to Challenge Appeal

"In the wake of the decision of the FIA's international court of appeal yesterday," BAR said in a statement, "and having considering the extraordinary complex legal framework, a summary of the legal position is as follows:

"BAR-Honda has looked at all practical ways of immediately challenging the decision. The central issue is one of jurisdiction," the team said in a statement. "Jurisdiction in Europe is governed by European rules, which say that the defendant party has the right to be sued in the territory in which it is based.

"Upon receiving legal advised in all relevant jurisdictions, the conclusion is that nothing can be done to enable the team to race this weekend.

"BAR-Honda has considered whether to pursue further action which might enable it to compete at Monaco. On balance, the team has decided that challenge the sport's governing body would cause a level of disruption and damage to the sport which is not in the best interest of everyone involved.

"BAR-Honda will be discussing the ramifications of the court of appeal verdict with the other teams and many factors involved in the sport.

"The FIA international court of appeal in its own judgement was unable to prove that the team acted in bad faith. BAR-Honda therefore remains unclear as to the basis for such a severe penalty.

"The team rigorously contests any insinuation that could potentially tarnish its reputation and good record, something that is of fundamental importance to the whole organisation and its partners.

"In an effort to provide the greatest possible visibility to the outside world of this case, BAR-Honda today will publish its entire submission to the FIA international court of appeal on its website for anyone interested in it to examing it."

BAR have also been excluded retroactively from the San Marino Grand Prix. Briton Jenson Button had finished third and his Japanese team mate Takuma Sato fifth at Imola last month.

On Thursday the British-based team said they were appalled by the decision, were considering their legal options and still hoped to race this weekend in Barcelona.

The team will now lose valuable running time, and they expressed their concern about losing ground to their rivals given the 30-day testing agreement.

BAR said they did not rule out testing for more than 30 days, but admitted they would only do it with the consent from the rest of the teams involved in the agreement.

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