A final decision over António Félix da Costa’s London E-Prix penalty will be made by the FIA International Court of Appeal, after FIA stewards rejected an initial appeal made by the TAG Heuer Porsche Formula E Team.
It’s been almost a month since the 2022/23 Formula E season concluded, yet we’re no closer to knowing the exact final standings in both championships. This is due to an ongoing battle between Porsche and the FIA, following a controversial penalty which was given to Da Costa in the opening London race at the end of July.
Da Costa was slapped with an unfathomable three-minute time penalty because of his front right Hankook tyre being below the minimum legal pressure. The penalty demoted the Portuguese driver from second to P16, a result which has impacted the driver and the team.
Porsche and the season six Champion immediately argued that the tyre pressure was low due to hitting a piece of debris, rather than a deliberate attempt at cheating. On August 11, the stewards received notice that Porsche officially requested a review of the penalty.
As things stand, Da Costa is down as having finished ninth in the Drivers’ Championship; however, if the penalty is revoked then he’ll be promoted to fifth. It’s a similar story for Porsche, who will move ahead of their customer team Avalanche Andretti and into third in the Constructors’ Championship, if their appeal is successful.
The chances of their appeal being successful appear to be weakening, after their first opportunity to have it overturned was dismissed.
A virtual meeting took place on Tuesday, which included Porsche Team Principal Florian Modlinger, Porsche Team Manager Amiel Lindesay, FIA technical delegate Laurent Arnaud, FIA Head of Sporting Matters Pablo Marti and Andretti Team Principal Roger Griffiths. Griffiths was present due to the implications an overturn of Da Costa’s penalty would have on them.
According to e-formula.news, Porsche argued that they are responsible for the safety of their cars and insisted that Da Costa’s car was, in fact, safe at all times.
However, it was deemed by the stewards that the German manufacturer didn’t present any “significant and relevant” new information, with the team having known during the race that Da Costa’s front right tyre was below the legal minimum tyre pressure. As Porsche were aware, a defective sensor couldn’t be proven.
As the stewards felt that Porsche didn’t present any new information which wasn’t known at the time of the incident, their right of review was dismissed, meaning that for the time being the penalty stands.
The FIA stated: “There is no significant and relevant new element which was unavailable to the parties seeking the review at the time of the decision concerned. The Petition is therefore dismissed.”
Porsche will now take their case to the Court of Appeal, with a hearing date yet to be announced. It means that the final outcome of both championships might not be officially known for several weeks or even months.
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