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Australian GP: Sauber lose appeal over Giedo van der Garde ruling

4K views 4 replies 2 participants last post by  Teutone 
#1 ·
BBC Sport - Australian GP: Sauber lose appeal over Giedo van der Garde ruling

Australian GP: Sauber lose appeal over Giedo van der Garde ruling

12 March 2015

Sauber have failed in an appeal to overturn a court ruling that says Giedo van der Garde should race for the team at Sunday's Australian Grand Prix.

Van der Garde, 29, a former test driver for Sauber, says he was promised a race seat for this season, a claim backed by the Victoria Supreme Court this week.
Three appeal judges ruled against the team on Thursday, clearing the way for the Dutchman to compete this weekend.
Marcus Ericsson and Felipe Nasr are the team's nominated drivers.
"The appeal is dismissed because we see no error in the reasoning of the trial judge," the head of the appeals panel said.
Andrew Benson, chief F1 writer in Melbourne
"What a mess. How could a team run by a qualified lawyer have ended up with three drivers contracted to run two cars in 2015? It is hard to believe, yet easy to understand. Sauber signed one driver who brings millions to the team - Giedo van der Garde - and then found two more who brought even more,and who would pay it up front as well. That they decided to ignore Van der Garde's valid contract underlines just how dire the team's straits were at the end of 2014. What happens next, though, is much harder to work out. Sauber clearly don't want to run Van der Garde."
Sauber were also ordered to pay Van der Garde's legal costs.
Speaking outside court, Van der Garde said: "Sauber has to work with us now. There is no other issue."
It is unclear whether Sauber will drop one of their current drivers to accommodate Van der Garde in Melbourne this weekend, or race with Ericsson and Nasr, risking contempt of court.
BBC Radio 5 live commentator James Allen says current rumours in the Melbourne paddock indicate Swedish driver Ericsson would be the man to step aside should Van der Garde drive.
Reporters at the Victoria Supreme Court say Van der Garde's legal team has filed a contempt of court application to force Sauber to comply with the order.
Van der Garde's lawyer said failure to comply could result in the seizure of Sauber's assets.
Sauber have been asked to provide a list of those assets, which includes their cars and equipment currently at Melbourne's Albert Park.
Court proceedings are due to continue at 10:30 local time on Friday (23:30 GMT), just two hours before the start of first practice.
Van der Garde versus Sauber background
Van der Garde originally brought the case against Sauber after he was dismissed from his role as a test driver at the end of 2014. He said he had proof he had been offered a race seat for this year. He took his case to a Swiss arbitration tribunal, which ordered Sauber to keep him on the team, a decision the Victoria court has now enforced.
Prior to launching their failed appeal, Sauber team principal Monisha Kaltenborn said letting Van der Garde race at such short notice - in a car designed for Ericsson or rookie Nasr - would be unsafe.
"What we cannot do is jeopardise the safety of our team, or any other driver on the track, by having an unprepared driver in a car that has now been tailored to two other assigned drivers," she said.
But McLaren's Jenson Button criticised Sauber for taking such a view.
"It is a shame that they have gone in that direction, because safety is always a concern in motorsport and we shouldn't be throwing it around lightly," said the 2009 world champion.
"Personally, him driving the car is not a safety issue. I think it is unfair to use that against Giedo."
Van der Garde must still acquire a valid super-licence - required for any driver to compete in F1 - as last season's has now expired.
F1 drivers on Sauber v Van der Garde

Force India driver Nico Hulkenberg: "Geido wants what he was promised, what he signed for and, I think, also paid for. It's his right. It's not a way to do business and to screw people like this."
Williams driver Felipe Massa: "It shouldn't be the way people treat drivers. They should respect drivers. It doesn't matter if you are a driver or an engineer, if there is a contract then that should be respected. Drivers should stand up for their rights, so I see it as a good thing."
 
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#2 ·
I watched both practice sessions. Sauber was still very nervous and they did not run a car at all in practice one. Then in practice two they had both cars out on the track.

No explanation and against the court order. The only way a Sauber team manager is not going to be in contempt of court would be to have van Der Garde qualify and race.
The judge said if he is not in a car and the other two drivers are then a Sauber manager will face jail or a fine which is yet to be determined.
What a way to start the season. I have a feeling Sauber is going to risk the contempt of court and deal with the fallout. They want Ericsson's and Nasr's money more than van Der Garde's.
 
#3 ·
They took van der Garde's sponsors 8 million in exchange for a contract giving the Dutchman a race seat in 2015.
They took the sponsor ship money from 2 additional 2015 drivers.
What a mess.
Too many teams are operating at the edge of insolvency.
 
#4 ·
Adam Cooper Van der Garde v Sauber – what happens next?

Adam Cooper's F1 Blog | Just another WordPress.com weblog
MARCH 13, 2015 · 3:07 PM
Van der Garde v Sauber – what happens next?
Discussions between the Giedo van der Garde camp and Sauber have no doubt been ongoing since Friday afternoon’s latest court hearing in Melbourne, and the hope on both sides is that an agreement can be reached overnight.

Van der Garde’s lawyer told the court that there had been “constructive discussions between the parties which are expected to continue this evening.”

The next step will occur when the court reconvenes at 9.30am on Saturday. If an agreement has been reached and both parties can satisfy the judge that everything has been sorted, that in theory should be the end of the matter, at least as far as the Melbourne weekend is concerned.

The big question is what form that agreement will take, as the problem of three drivers and two seats has not gone away. Logic suggests that the only realistic path would be a settlement which compensates van der Garde for forfeiting the seat. It’s common knowledge that his sponsors paid €8m for him to be a third driver last year as a lead in to a race seat in 2015, and any payment would presumably in effect represent a refund for that, possibly with some damages, legal costs and so on factored in on top.

As much as van der Garde genuinely wants to drive, there will be a point at which the figure offered by Sauber is sufficient for him to walk away from the team.

The big problem is of course that Sauber has long been in dire financial straits, and it simply doesn’t have a multi million sum sitting around. The van der Garde camp is obviously aware of that, and clearly would not sign up to any deal without receiving some form of guarantee or security. The obvious suspicion on their part would be that Sauber’s promises might not be backed up once the team escaped the clutches of the Australian legal system next week.

If no agreement can be reached by Saturday morning – and assuming van der Garde is not announced as a race driver for the rest of 2015 – then the likelihood is that the summons submitted by the Dutchman will be issued by the court. Today Justice Croft mentioned an interim order, and that will probably mean that Marcus Ericsson and Felipe Nasr are free to go ahead and compete for the rest of the weekend, but the cars would be seized by the court after the race, pending more court activity. An extra problem for Sauber is that the cars and equipment could miss the slot for the FOM cargo flight to Malaysia, and would potentially then have to find an alternative way to get there.

In addition action against Monisha Kaltenborn remains a real possibility, with the court having the power to seize her passport.

Despite the positive noises made by both sides on Friday, this story is far from over…

Details of the summons, including a call for Monisha Kaltenborn to be imprisoned, can be found here: Van der Garde side requesting prison time for Kaltenborn | Adam Cooper's F1 Blog
 
#5 ·
VAN DER GARDE SAGA ENDS WITH €15 MILLION SETTLEMENT

Van der Garde saga ends with ?15 million settlement | GRAND PRIX 247

17 March, 2015 4 Comments
Giedo-van-der-Garde

Dutch media reports on Tuesday said Formula 1 boss Bernie Ecclestone was involved in negotiations that have ended the Giedo van der Garde versus Sauber saga.

De Volkskrant refers to compensation for the Dutch driver in the order of €15 million, with other reports saying the money will flow from a Credit Suisse account in the coming hours.

Another daily, Algemeen Dagblad, reported that van der Garde’s manager Jan-Paul ten Hoopen will have something to say on the matter later this week.

Giedo-van-der-Garde

It seems the financial compensation, calculated on the basis of van der Garde’s two contracted years at Sauber (2014 and 2015) as well as legal fees, will result in the 29-year-old dropping the case in full.

It is believed F1 supremo Ecclestone, from his office in London, got involved in the frantic negotiations last weekend as the negative headlines swirled from the Melbourne courts and paddock throughout the world.

Algemeen Dagblad said the 84-year-old Briton personally contacted fellow billionaire Marcel Boekhoorn, who is van der Garde’s backer and father-in-law.

It is rumoured part of the deal might involve Boekhoorn taking shares in the embattled Swiss team.
 
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