Max Biaggi and Aprilia have lost an appeal to have the Italian's 20-second Monza race one post-race penalty overturned.
The penalty was given by Race Direction “for having cut the chicane no. 2 on the 7th lap pursuant to Art. 1.20 and 1.22.3 of the FIM Superbike World Championship Regulations” and dropped Biaggi from third to eleventh in the race.
The Court of Arbitration for Sport (CAS) convened a hearing on 3 November 2009 in Lausanne (Switzerland) to judge the Biaggi/Aprilia v FIM appeal and decided that:
“The sanction imposed was in place of a “ride through” sanction pursuant to art. 1.20 of the SBK regulations and therefore no protest or appeal can be lodged against a “ride through”, this penalty being considered as a “field of play decision” (Statement of fact).”
But that was not the only bad news for Biaggi and his team...
“Furthermore, the panel of arbitrators stated that the appeal filed on 29 May 2009 shall be considered as late and therefore inadmissible,” the statement announcing the appeal verdict continued.
“On these grounds, the CAS:
“1. Declares the Appeal filed by Mr Massimiliano Biaggi and Aprilia Racing Sri on 29 May 2009 inadmissible.
2. Dismisses all other motions or prayers for relief.
3. States that the costs of the arbitration, to be determined and served onto the parties by the CAS Court Office, shall be borne jointly and severally by Mr Massimiliano Biaggi and Aprilia Racing Srl.
4. Orders Mr Massimiliano Biaggi and Aprilia Racing Srl to pay jointly and severally to the Respondent a contribution of CHF 3 '000.- towards its legal costs.”
Biaggi would still have been fourth in the final 2009 WSBK standings even if the penalty had been overturned, since he finished the season 63 points behind Michel Fabrizio.