Before the FIA World Motor Sport Council, Submissions on behalf of 6 Formula One Teams, Paris - 29 June 2005.

Introduction

1 These submissions are made on behalf of the following Formula One Teams :
(1) BAR Honda GP Limited
(2) McLaren Racing Limited
(3) Renault F1 Team Ltd
(4) Sauber Motorsport AG
(5) Toyota Motorsport GMBH
(6) Williams Grand Prix Engineering Ltd

2 The Teams deny the charges brought against them by the FIA in relation to their decisions not to race at the Indianapolis Grand Prix on Sunday 19 June 2005.

3 The Teams have had a limited amount of time for the preparation of this document, so what follows is based on our preliminary analysis to date.

4 The Teams are confident of the strength of their Defence to the charges as set out below. But they respectfully suggest to the Council that the Council should today institute a comprehensive review of what happened in Indianapolis and why. That would be the most effective method of investigating the facts. It would also promote the interests of Formula One that motor sport be seen to institute a full inquiry into the events. It is especially important to avoid a rush to judgment given that all relevant persons face class action litigation. A partial or hasty judgment would damage the interests of Formula One and all those involved in it, and simply give ammunition to the plaintiffs in the US litigation.

The relevant rules

5 Article 151 of the International Sporting Code states:

"Breach of rules
Any of the following offences in addition to any offences specifically referred to previously shall be deemed to be a breach of these rules :

c) Any fraudulent conduct or any act prejudicial to the interests of any competition or to the interests of motor sport generally".

6 Article 131 of the FIA Formula One Sporting Regulations states:

"The starting grid will be published two hours before the race. Any competitor whose car(s) is (are) unable to start for any reason whatsoever (or who has good reason to believe that their car(s) will not be ready to start) must inform the stewards accordingly at the earliest opportunity and, in any event, no later than 45 minutes before the start of the race. If one or more cars are withdrawn the grid will be closed up accordingly. The final starting grid will be published 45 minutes before the start of the race".

The charges

7 The FIA contends that in breach of Article 151c), each Team
"committed one or more acts prejudicial to the interests of a competition, namely the 2005 United States Grand Prix and/or to the interests of motor sport generally in that you
- failed to ensure that you had a supply of suitable tyres for the race and/or
- wrongfully refused to allow your cars to start the race and/or
- wrongfully refused to allow your cars to race, subject to a speed restriction in one corner which was safe for such tyres as you had available and/or
- combined with other teams to make a demonstration damaging to the image of Formula One by pulling into the pits immediately before the start of the race".

8 The FIA further contends that in breach of Article 131, each Team
"failed to notify the stewards of your intention not to race".

The Teams' answer to the charges

9 The first charge is that the Teams failed to ensure that they had a supply of suitable tyres for the race. The Teams respond:

(1) The Teams were supplied with tyres by Michelin, an approved tyre company recognised under Regulation 73 of the Sporting Regulations.

(2) The Teams rely on the expertise of Michelin in relation to the quality, durability and safety of their tyres. As Mr Max Mosley (the President of the FIA) wrote to Michelin on 1 June 2005: "Formula One is therefore totally dependent on the tyre suppliers to ensure that no risks are taken in the pursuit of performance".

(3) It is reasonable for the Teams to rely on the expertise of Michelin, a reputable company with a long-established and excellent record.