Giedo van der Garde wins Sauber court case

Howard

Staff Emeritus | Motorsport Engineer
Mar 14, 2013
1,074
603
48f4edce44d240e891f1cb28defaaea3.jpg

Giedo van der Garde has won his court case against Sauber, the court revealed via an announcement on twitter.

The Dutchman won the case in the Supreme Court of Victoria, Australia, which will legally bind Van der Garde with a drive at the season opening Australian Grand Prix. The 29 year-old was dropped in favour of Marcus Ericsson, who moved to Sauber from the now defunct Caterham team, and GP2 graduate Felipe Nasr.

Melbourne 7 reporter Kate Jones revealed that the court backed a Swiss court order dictating that he should drive in Melbourne. Giedo's lawyer said that he is 'ready, willing and able' to drive this weekend. He is reportedly keen to meet with the team and arrange a seat fitting for the C34 Ferrari.

Sauber are yet to reveal plans for this weekend, and we are yet to see whether Van der Garde will replace Felipe Nasr or Marcus Ericsson. Nasr brought the primary sponsor, Banco do Brasil, to the team, and it is thought that Ericsson will be dropped if VDG is to drive at Albert Park. Part of Sauber's defense was based on claims that a seat could not be made in time, and that Giedo would be at risk driving the car with an ill-fitting seat. These claims were rejected by Van der Garde's lawyers, who asserted that a seat could be made in time. Despite claims that safety would be compromised, the court 'followed the law' and ruled in favour of the driver.

Sauber commented on the verdict:

After the application defended by Sauber on Monday, March 9, the outcome is unfortunately not as expected. Monisha Kaltenborn, CEO and Team Principal of the Sauber F1 Team, said: "We are disappointed with this decision and now need to take time to understand what it means and the impact it will have on the start of the season. What we cannot do is jeopardize 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."

Further details will be published at a later stage.​
 

Ole Marius Myrvold

JWB 96-13
Staff member
Premium
Sep 29, 2009
8,240
4,361
What we cannot do is jeopardize 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.
That basically means that - if anyone sides with that. Manor-Marussia is out. So is any mid-season replacements without experience. Lotterer, Stevens for Caterham last year. No Kovalainen in 2013 - and in Saubers case, no de la Rosa in 2011.
 

Smartbean

250RPM
Oct 16, 2010
377
81
32
Unfortunately, she herself jeopardized the safety of all 3 (if not 4, when you count Sutil) drivers by signing both Ericcsson and Nasr, whilst VDG had a valid contract for 2015 already. But as I read somewhere else, the "safety" card is the only thing that she can play, which as Ole Marius already points out is completely ridiculous. Even if there were any safety issues that needed to be taken care off, they can easily do so before Friday's practice session.
 

Terry Rock

2000RPM
Oct 24, 2009
2,587
1,377
This whole saga is getting 'uglier' by the second.
Who ever gets dropped in favor of GVDG will probably also file a lawsuit.
Sauber may be in serious trouble if they have to make big pay outs
 

Aidan Keranen

League of Legends Play by Play Caster
Premium
Dec 3, 2010
9,032
4,686
Well so far it is only one race, have to see how that goes. What I want to know is if he has an absolute blinder of a race, where does he go after that?
 

Ole Marius Myrvold

JWB 96-13
Staff member
Premium
Sep 29, 2009
8,240
4,361
Well so far it is only one race, have to see how that goes. What I want to know is if he has an absolute blinder of a race, where does he go after that?
According to Adam Cooper - deep in the final judgement it says that it doesn't only apply to the Australian GP, but the whole season.
Now, as this has been ruled in favour of VdG, and the Swiss arbitration ruling - it is covered by the New York Convention as well, which governs international arbitrition awards, and thus it is extremely unlikely that Sauber will ever come close to a theoretical chance to win the case. Especially as their arguments (seat and safety) will be void from race 2 and onwards.
 

Aidan Keranen

League of Legends Play by Play Caster
Premium
Dec 3, 2010
9,032
4,686
According to Adam Cooper - deep in the final judgement it says that it doesn't only apply to the Australian GP, but the whole season.
Now, as this has been ruled in favour of VdG, and the Swiss arbitration ruling - it is covered by the New York Convention as well, which governs international arbitrition awards, and thus it is extremely unlikely that Sauber will ever come close to a theoretical chance to win the case. Especially as their arguments (seat and safety) will be void from race 2 and onwards.
would they be in their rights to sack him from Malaysia onwards? Say that they were unhappy with his level of performance and that they have faith in Ericsson or something
 

Ole Marius Myrvold

JWB 96-13
Staff member
Premium
Sep 29, 2009
8,240
4,361
would they be in their rights to sack him from Malaysia onwards? Say that they were unhappy with his level of performance and that they have faith in Ericsson or something
Depending on the contract - I would guess not that early in the season.
 

Chris

9000RPM
Premium
Apr 1, 2011
9,727
6,300
Lolled so hard at Sauber defending their case on the basis of safety. Probably the worst defense ever.

Never liked Karltenborne, and this is just strengthening that feeling.

Having said that, I highly doubt VDG will actually drive for them. They'll most likely have a large settlement. Problem is, Sauber can't really afford a large payout.
 

Aidan Keranen

League of Legends Play by Play Caster
Premium
Dec 3, 2010
9,032
4,686
Anyway, Sauber have just appealed and in 2hrs 15 min time, that round starts.
So that appeal is in 2h 15?

Lolled so hard at Sauber defending their case on the basis of safety. Probably the worst defense ever.

Never liked Karltenborne, and this is just strengthening that feeling.

Having said that, I highly doubt VDG will actually drive for them. They'll most likely have a large settlement. Problem is, Sauber can't really afford a large payout.
Probably can't afford to have VDG take a seat either
 

Smartbean

250RPM
Oct 16, 2010
377
81
32
According to Adam Cooper - deep in the final judgement it says that it doesn't only apply to the Australian GP, but the whole season.
Now, as this has been ruled in favour of VdG, and the Swiss arbitration ruling - it is covered by the New York Convention as well, which governs international arbitrition awards, and thus it is extremely unlikely that Sauber will ever come close to a theoretical chance to win the case. Especially as their arguments (seat and safety) will be void from race 2 and onwards.
this is true, I just read the judgement to and under point 30 it indeed states it's ruling indeed stands for the entire 2015 season.

Anyway, Sauber have just appealed and in 2hrs 15 min time, that round starts.
Just noticed that to, sadly I have to go to bed now, will have to read the outcome of that later in the morning:(
 
Jul 23, 2014
522
719
30
You know, I wonder if Sergey Sirotkin has a valid case. Wasn't he contracted to a 2014 race seat at the team? Pandora's box is wide open here.
 

Bram Hengeveld

RaceDepartment Founder
Staff member
Premium
Dec 26, 2006
46,138
19,638
What a mess with only two days to go before the AussieGP starts. Glad for Guido that at least he has some justice now as the guy did have a legal contract, but this is a nightmare for Sauber. Going to be costly to solve this.
 

Matt

500RPM
May 3, 2014
652
430
This whole legal saga has made me really dislike Sauber. I wonder what Mr Sauber thinks of it all having his name dragged through the news.
 

Ole Marius Myrvold

JWB 96-13
Staff member
Premium
Sep 29, 2009
8,240
4,361
I am honestly a bit embarrased for Sauber now...

Adam Cooper @adamcooperF1 · 20m20 minutes ago
'@SauberF1Team's lawyer just told the judges that practice sessions start tomorrow. He's not too well informed...

Kate Jones @Kate_Jones7 · 19m19 minutes ago
Judges want the appeal sorted out before the GP starts, but Sauber wants judgment stayed, which would drag it out beyond race day. #F1

Adam Cooper @adamcooperF1 · 15m15 minutes ago
'@SauberF1Team's lawyer repeating tired safety arguments. Judges tell him 'why don't you just report it to the FIA?'

Adam Cooper @adamcooperF1 · 10m10 minutes ago
Thankfully @GvanderGarde's lawyer tells the court that practice starts Friday - but @SauberF1Team's man still thinks it's tomorrow

Kate Jones ‏@Kate_Jones7 4m4 minutes ago
Judges asked whether FIA would even allow van der Garde to race if Sauber loses appeal, due to safety concerns. Sauber lawyer doesn't know.

Kate Jones ‏@Kate_Jones7 3m3 minutes ago
Judge says if safety is the primary concern, the FIA should send a representative to court to outline regulations.

EDIT: And there they've decided to hear the appeal Wednesday 22:30 GMT - much point in staying awake...
 

Rob

8000RPM
Nov 10, 2012
8,576
3,091
would they be in their rights to sack him from Malaysia onwards? Say that they were unhappy with his level of performance and that they have faith in Ericsson or something
If they would like to go to jail in certain countries for contempt, then by all means sack the guy. Sounds like they need to sack this shrew Monisha Kaltenborn. Lawyers do them to themselves (ego usually) and have no business running teams.