New rules in the legal Euro Moto jungle – time is running out

There was one thing in particular that was abundant during this first year of Euro Moto, and that was penalties and protests. These were often followed by appeals, after which the respective case ended up before the DMSB Court of Appeal and was only decided subsequently.

Euro Moto Superbike rider Marcel Schrötter recently went through the appeals process and, on Monday following the final hearing streamed online, was proved right. As a result, he was reinstated to his original position and awarded the corresponding points. At Most, the BMW rider had been penalised following a collision and for using the emergency exit. In hindsight, it transpired that the penalty had been wrongly imposed and that Schrötter had done nothing wrong. The appeal had therefore paid off for him.

Speed is of the essence

In future, anyone wishing to lodge an appeal regarding lap times must adhere to new rules. “To preserve the right of appeal, from now on you must notify the stewards in writing of your intention to appeal within one hour,” the announcement states. “Following notification of the appeal, the appeal must be lodged in writing with the DMSB within five days (the day of the decision does not count). The appeal document must be signed.”

“The appeal deposit must be enclosed with the notice of appeal,” it continues. “It amounts to 350 euros for national/European events and 500 euros for international events. The appeal deposit may also be paid in advance to the race commissioners. To meet the deadline, it is not sufficient simply to post the notice of appeal within the time limit. Rather, the deadline is only met if the notice is received by the DMSB Legal Department or the DMSB Secretariat before the deadline expires. If the deadline falls on a Sunday, a public holiday or a Saturday, it shall end at the close of the next working day. The appeal may also be lodged within this period via any other electronic means of communication with confirmation of receipt, but must be confirmed by a letter dated the same day (postmark – not a pre-stamped envelope –).’

An expensive bit of fun

One must not forget to provide the grounds for the appeal. The deadline is ten days and begins from the moment the appeal is lodged. If you need more time, you must apply for an extension. The request must be addressed to the DMSB Legal Department or the DMSB Secretariat and will be forwarded to the Chair of the Appeals Tribunal for a decision. The money is payable in any case, even if you change your mind following an appeal. Ultimately, the Court of Appeal decides whether you will have your deposit refunded or whether it will be forfeited and thus remain in the DMSB’s coffers.

Whilst Schrötter has already gone through the Most proceedings, the appeal hearing brought by Team HRP, led by Florian Alt, against Team GERT56 is still pending. Supersport rider Daniel Blin had also announced an appeal at Assen against a penalty imposed by the race organisers.