The Italian company MSC, the parent company of N Technology, challenged the FIA over the selection process for new Formula 1 teams during the summer months. The first hearing in the case took place a month ago in Paris and a verdict is now being prepared.
This will be announced tomorrow. If it goes against the FIA there is likely to be an appeal. MSC is claiming that the procedures for dealing with new entrants were not correctly followed and there was not transparency in the process.
The management of the FIA has changed since the court case with Jean Todt now in charge. However the F1 entries were announced and the teams have been working ever since to prepare for 2010 and so there is a fait accompli situation, which makes the decision irreversible as N Technology is not believed to have continued with its F1 project and thus could not replace another team if there was a vacancy, which there is not. Thus the court can only really decide on compensation for the Italian company if it is deemed that the team was unfairly excluded from the process.
joeblogsf1 
Would a decision in favour of NSC lead to a NASCAR-style collection of “start and park” entrants?
if nothing else, to shed some light on the whole selection process which has so far been kept firmly in the dark would be very welcome. if we see any of the new teams not making the grid next year, do we blame the lack of budget cap, or poor due dilligence by the FIA. i’m sure there wouldn’t have been the sort of questions around Lola and Prodrive that we currently hear asked of USF1 and campos.
Presumably the case would be based on the late and unannounced stipulation that only cars powered by Cosworth would be considered. Prima facie, you would think that a company like Prodrive that invested money in good faith on developing a project based on using M-B engines, only to be told too late to make any changes that their whole effort had been futile for reasons that had been kept secret, might have a valid case for being recompensed.
However Mosley is a lawyer and it seems unlikely that his reading of the legal position and that of his expert advisers would be wrong. I guess it’s possible though that he took a chance on the legalities, as the pro-Cosworth bias would certainly have been an important component of the policy to diminish the power of the manufacturer teams.
Furthermore John, what would the manufacturer situation have been if Prodrive and Lola were searching for support of another moving billboard for X car company? If they were awarded the spot on the grid would we have a Concord Agreement today? Fewer dissenting voices against FOTA’s path would possibly have made way for another series. Would the manufacturers stayed in F1 with a second/third team to install a block of metal behind a driver. And assuming that FOTA will remain against the FIA in the future, where will the direction of FOTA go? We now have teams blessed with the grace of his excellency (MM), will they advocate more in line of the FIA during meetings?
Its all rather odd, and a bit too late to ask ‘what ifs’ or ‘buts’ despite my inclination to ask these questions and wonder.
Prodrive would have been a solid team as they have the experience from BAR, and their Le Mans exploits.
Joe, the concept of “compensation” for not having been selected is slightly odd. In many of the recent posts you have given your view that not too many of the new teams will be around by 2011, for lack of money.
So, what would MSC/N Technology be wanting compensation for? THe option NOT to spend/lose 40,50 miilion Euros?
Martin,
Beats me! The option to make millions?
@Mad-elph,
I think Prodrive’s numerous years of experience with Subaru and the WRC wouldn’t hurt either. They certainly would have been a solid team.