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[sagi58]

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

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 for 2015.

"The appeal is dismissed because we see no error in the reasoning of the trial judge," the head of the appeals panel said.

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 and risk 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.

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.

Van der Garde must still acquire a valid super-licence - required for any driver to compete in F1 - if he hopes to compete this weekend, as last season's has now expired and has not been renewed.

His application must go through the motorsport authorities in his native Netherlands, who in turn must apply to the sport's world governing body, the FIA, but Van der Garde is confident of pushing the paperwork through in time.

[sagi58]

This is a quote from Andrew Benson

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

"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 at the same time hard to believe and 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."

[myownalias]

I believe it's a case of damned if you do, damned if you don't... The extra money from the current two drivers may be the difference between making it to Melbourne or not, the decision to drop van der Garde could have been purely survivalist, which does not excuse the massive screw-up, but it makes it more understandable, desperate times call for desperate measures.

[zurich_allan]

I believe it's a case of damned if you do, damned if you don't... The extra money from the current two drivers may be the difference between making it to Melbourne or not, the decision to drop van der Garde could have been purely survivalist, which does not excuse the massive screw-up, but it makes it more understandable, desperate times call for desperate measures.

I do see that point, but when living in a month to month basis as a Sauber seem to be, they should not be signing long term contracts imposing obligations on themselves then. I honestly don't have any sympathy, much as I would like to, generally having liked Sauber since their inception in F1. You can't just sign contracts then tear them up and not fulfil your obligations. Maybe that's how it works in the football world, but not when you're playing with the career of a driver who needs to be driving to keep themselves at least in the shop window for the future.

[myownalias]

I believe it's a case of damned if you do, damned if you don't... The extra money from the current two drivers may be the difference between making it to Melbourne or not, the decision to drop van der Garde could have been purely survivalist, which does not excuse the massive screw-up, but it makes it more understandable, desperate times call for desperate measures.

I do see that point, but when living in a month to month basis as a Sauber seem to be, they should not be signing long term contracts imposing obligations on themselves then. I honestly don't have any sympathy, much as I would like to, generally having liked Sauber since their inception in F1. You can't just sign contracts then tear them up and not fulfil your obligations. Maybe that's how it works in the football world, but not when you're playing with the career of a driver who needs to be driving to keep themselves at least in the shop window for the future.

As I said, I am not making excuses for Sauber, a contract is a contract and it needs to be honoured, I'm just playing devils advocate. If Sauber didn't make it to Melbourne, he would be without a drive regardless, the deals done with Marcus Ericsson & Felipe Nasr could be the only reason that van der Garde had to opportunity to take this action.

[myownalias]

Rumour has it that van der Garde forgot to apply for his super-license over the winter, so he can not race in Melbourne as it takes 14 days to process the application.

It seems that Giedo van der Garde may have done well in court in Australia but the word on the street in the paddock in Melbourne is that the Dutchman made a mistake during the winter and failed to apply to his national sporting authority for them to ask the FIA to grant him a Superlicence. This means that he cannot race in Melbourne because it takes 14 days for the process to happen.

In addition it begs the question is Giedo in breach is his Sauber contract by not having done the required paperwork?

Source: https://joesaward.wordpress.com/2015/03/12/oops/

[darwin dali]

[zurich_allan]

Rumour has it that van der Garde forgot to apply for his super-license over the winter, so he can not race in Melbourne as it takes 14 days to process the application.

It seems that Giedo van der Garde may have done well in court in Australia but the word on the street in the paddock in Melbourne is that the Dutchman made a mistake during the winter and failed to apply to his national sporting authority for them to ask the FIA to grant him a Superlicence. This means that he cannot race in Melbourne because it takes 14 days for the process to happen.

In addition it begs the question is Giedo in breach is his Sauber contract by not having done the required paperwork?

Source: https://joesaward.wordpress.com/2015/03/12/oops/

The guy writing that doesn't know what he's talking about, or at least if he does is barely letting on a tenth of the reality. It seems to me that the team are obstructing the super license application.

[myownalias]

Rumour has it that van der Garde forgot to apply for his super-license over the winter, so he can not race in Melbourne as it takes 14 days to process the application.

It seems that Giedo van der Garde may have done well in court in Australia but the word on the street in the paddock in Melbourne is that the Dutchman made a mistake during the winter and failed to apply to his national sporting authority for them to ask the FIA to grant him a Superlicence. This means that he cannot race in Melbourne because it takes 14 days for the process to happen.

In addition it begs the question is Giedo in breach is his Sauber contract by not having done the required paperwork?

Source: https://joesaward.wordpress.com/2015/03/12/oops/

The guy writing that doesn't know what he's talking about, or at least if he does is barely letting on a tenth of the reality. It seems to me that the team are obstructing the super license application.

I thought a super-license is an individual requirement completely unrelated to a team?

[sagi58]

I thought a super-license is an individual requirement completely unrelated to a team?

I thought so, too; but...

 wrote:">Sauber soap opera continues

While the wheels of the court process continue to turn, the practicalities of Giedo van der Garde driving a Sauber this weekend have come into focus.

One of the biggest issues is his Super License, as the FIA has a process that has to be followed. The team has to apply via the driver's national sporting authority, and Sauber has failed to do that.

Also one of the conditions is that the Contracts Recognition Board is happy with the legal side. It was revealed in court today that Monisha Kaltenborn wrote to the CRB last week to tell them that van der Garde's contract had been terminated in February.

This letter came after the Swiss arbitration court judgment, which is at the center of this week's proceedings, and which said that the Dutchman should drive. In effect, that contract now has to be re-activated at the CRB, and any delay at this critical stage in effect helps Sauber to stop van der Garde driving.

Meanwhile, it remains to be seen how cooperative the FIA will be. There have been instances in the past where Super License applications have been rushed through in extreme cases.

[zurich_allan]

I've just spent all evening reading about the court proceedings and what has been going on. I'm sorry to say that I'm even more disgusted at Sauber ('s management) than ever before. A breathtaking disregard for the law and multiple court rulings going back to 2014 and clear obstruction / lack of any attempt to comply with court orders. Some extremely shady dealings (verging on if not actually fraud) too. Sauber are 100% to blame in this and van der Garde 0%.

[LiamCatterson]

I've just spent all evening reading about the court proceedings and what has been going on. I'm sorry to say that I'm even more disgusted at Sauber ('s management) than ever before. A breathtaking disregard for the law and multiple court rulings going back to 2014 and clear obstruction / lack of any attempt to comply with court orders. Some extremely shady dealings (verging on if not actually fraud) too. Sauber are 100% to blame in this and van der Garde 0%.

Sauber were to blame from the get-go. They sign Van der Garde for a 2015 Race seat...Then have the nerve to sign Nasr and Erricson for the 2015 Race Seat, make it Official and then Van der Garde is out in the cold. This behavior is stupid from an F1 Team

[LiamCatterson]

Update: Van der Garde is wearing Erricson's overalls. As I expected

[scotty]

He doesn't have a superlicence according to twitter.

[darwin dali]

He doesn't have a superlicence according to twitter.

...but says he's working on it...
We'll see...