Marquez and Repsol Honda accepted the original penalty for causing the accident, which left Oliveira with a hip injury, with the penalty notice stating it was to be served at the next round in Argentina.
However, when it became clear that Marquez (like Oliveira) would miss the Termas round, due to a thumb fracture sustained in the accident, the FIM Stewards modified the application of the penalty to Marquez’s next grand prix race.
Repsol Honda then appealed that ‘modification’ on the grounds that a signed and sealed penalty cannot be changed.
As widely expected, the MotoGP Court of Appeal has sided with the team and 'annulled the Application of the Sanction’, meaning Marquez's penalty cannot be carried forward beyond Argentina:
‘The Court considered that the Double Long Lap Penalty imposed on Marc Marquez by the FIM MotoGP Stewards Panel during the MotoGP Race of Portugal held on 26 March 2023 has been served by the non-participation of the Rider in the 2023 MotoGP Race of Argentina.
‘Marc Marquez is hence allowed to compete in the next race in which he will be able to participate, without any further sanction.’
It is not yet known if the eight-time world champion - who has missed Argentina, COTA and Jerez due to the hand injury - will be fit enough to return to action at Le Mans this weekend.
Meanwhile, the revised wording of Long Lap penalties issued by the FIM Stewards since Portimao state that they are to be served "at the next Grand Prix race at which the rider participates". The only exemption is if a rider misses their next race due to a "subsequent and unrelated injury or illness" in which case the penalty will not be carried over.