Saturday, September 30, 2023

Cuatrecasas, Carballo Asesores help motorcycle racer Marc Márquez against penalty

The MotoGP Court of Appeal has accepted an application by Cuatrecasas and Carballo Asesores and has granted a stay of execution on the penalty imposed on the motorcycle racer Marc Márquez


The MotoGP Court of Appeal has accepted the application for a stay of execution—prepared by Cuatrecasas and Carballo Asesores—on the penalty imposed on motorcycle racer Marc Márquez in the Portuguese MotoGP Grand Prix on March 26, 2023. The FIM MotoGP Stewards Panel imposed a double long-lap penalty on the Repsol Honda HRC rider after he hit the ground at the start of the race in an involuntary collision with rider Miguel Oliveira.

Márquez received and accepted a verbal and written notification of the penalty to be served in the Argentinian Grand Prix. In light of this, on the same day, March 26, the six-time MotoGP champion and his team decided that the rider would undergo surgery on a right-hand fracture. This meant that Márquez withdrew from the Argentinian Grand Prix—in which the rider did not record any points, neither was he replaced by his team—thus complying with the penalty initially imposed.

However, after his operation on March 28, the FIM MotoGP Stewards Panel issued a second statement to clarify the penalty that had been enacted and was firm and final. This was seriously damaging for the rider and his team since he would have to serve the penalty “in the next race in which the rider takes part,” and not “during the Argentinian Grand Prix” as had been established in the first place.

Faced with this situation, Repsol Honda HRC and the rider appealed against the penalty in the MotoGP Court of Appeal.

In its decision of April 12, the court granted a stay of execution on the penalty without setting a time limit. Specifically, the court found that (i) the appellants have satisfied the requirement that a prima facie case be established in their appeal against the penalty; (ii) the immediate application of the double long-lap penalty would cause the rider and his team irreparable harm, and (iii) the weighing-up of interests at stake also determined the need to grant a stay of execution.

Therefore, and pending the decision on the merits of the appeal, Marc Márquez can compete in the MotoGP championship without the penalty being implemented.

They were represented by a Cuatrecasas team led by partners Alberto Fortún and Roberto Álvarez, together with lawyers senior associate Borja Álvarez and lawyers Sara Moro and Miquel Lara, in collaboration with lawyer Javier Rubio from Carballo Asesores.

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