8.9. The WMSC considered it significant that
Renault approached the investigation with an open and transparent attitude. The WMSC also notes that Renault has co-operated fully with the FIA technical department's investigation.
8.10. However, the WMSC notes with strong disapproval the fact that there were individuals of sufficient seniority within Renault who should have known that the drawings that Mackereth showed them contained proprietary confidential information. This organisational failing meant that they did not report the matter to their line managers as they should have done. Had they done so, the matter may have been brought to the FIA's attention at a far earlier stage.
8.11. The WMSC has also taken into account that Renault has introduced a number of new measures with the aim of preventing a similar problem occurring again, and that Renault appears to have taken a pro-active approach in reforming and updating its practices, some of which were introduced before Mackereth's actions came to light.
8.12. In these circumstances, although a number of very unsatisfactory elements were noted during the deliberations, in assessing the gravity of the breach, the WMSC concluded that there was insufficient evidence to establish that the information was used in such a way as to interfere with or to have an impact on the Championship.
8.13. Taken together, these factors lead the WMSC to conclude that in the circumstances no penalty can be imposed.
8.14. It should be noted that in the event of new information coming to light which calls into question the WMSC's conclusions in this decision, this matter may be re-opened by the
FIA.
9.
Renault back-up tapes
9.1. The WMSC notes that Renault and
McLaren have committed to work together to agree a solution that will ensure that all copies of Renault IT back-up tapes that may contain the McLaren confidential information will be put out of reach of Renault and only released to Renault in the event that they are needed for technical IT reasons.
10.
Press statements
10.1. The WMSC notes that in advance of the hearing there had been statements in the press indicating that Renault had possession of very large numbers of McLaren drawings. McLaren has acknowledged to the WMSC that it circulated an erroneous press briefing which had created this impression, and has apologised and issued a correction. As far as the present proceedings are concerned, that concludes the matter.
11.
Decision
11.1. For the foregoing reasons, the WMSC:
11.1.1. finds Renault in breach of Article 151(c) of the International Sporting Code,
11.1.2. imposes no penalty due to the lack of evidence that the Championship has been affected.
Signed:
Max Mosley
FIA President
Monaco, 6 December 2007
