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Alinghi appeal Cup ruling
28/12/2007 16:03 - (SA)
Madrid - Alinghi have appealed against a
New York court's ruling that BMW Oracle should be the main
challenger for the next America's Cup.
After a spectacular event in Valencia this year, hopes for a
re-run in 2009 have been scuppered by a legal case brought by
BMW Oracle which argued that the way Alinghi had organised the
next event gave the Swiss holders an unfair advantage.
A New York court ruled in November that Alinghi's chosen
challenger of record, new Spanish yacht club CNEV (Club Nautico
Espanol de Vela) was invalid under the America's Cup governing documents and said BMW Oracle would take its place.
Legal action was flawed
Alinghi filed a motion to renew and re-argue the case,
saying that the challenge BMW Oracle's club GGYC (Golden Gate Yacht Club) lodged when they launched their legal action was
invalid because the boat they propose to race was flawed.
GGYC challenged Alinghi In July to race in a keel yacht
which measures 90 foot by 90 foot. Most observers took that to
mean the yachts would be huge catamarans or trimarans but
Alinghi argued a keel boat was a monohull.
"A 90x90 would look more like a barge than a racing yacht," said Michel Hodara, head of Alinghi's event organising body ACM.
"Either the challenge is deemed valid in a 90x90 monohull or it's not valid and GGYC loses its ranking in the challenger of record stakes."
In that case, the challenger of record position would be
taken by one of the teams that have already registered for the
33rd America's Cup, which Alinghi now expects to race in 2011.
Challenge complied with the rules
Hodara said that if the judge merely tells GGYC to rewrite
its boat certificate rules, Alinghi would likely appeal.
GGYC quickly criticised Alinghi's bid to reargue the case.
"If these arguments were valid they would have been
presented months ago," GGYC spokesperson Tom Ehman said, adding
that their challenge fully complied with the rules.
"But unfortunately they now look like a rather desperate
measure by Alinghi's new lawyers. We are confident they will be rejected by the Court."
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