Felipe Massa’s £64m claim against F1 could go to trial against the FIA and Bernie Ecclestone, a High Court judge has ruled.
Lewis Hamilton’s first F1 world championship in 2008 has been the subject of legal action and Brazilian Massa said he was the rightful winner of the title.
At the 2008 Singapore Grand Prix, Renault forced Nelson Piquet Jr. to crash to give Fernando Alonso victory, but the safety car was brought out and Massa, who was leading the race in a Ferrari, lost his strategy and finished 13th. Massa lost the title by one point.
The following season, Pique revealed that he had been instructed by his superiors to crash on purpose. Massa’s lawyers claim Ecclestone knew the accident was intentional but that he and the FIA failed to investigate.
Ecclestone, who coached F1 for 40 years before stepping down in 2017, suggested in 2023 that F1 executives were aware of the cover-up before the end of the 2008 campaign.
Ecclestone, the FIA and F1 management have defended the claim.
Last month, they asked a London court to dismiss the case, saying it was brought too late over Massa’s poor performance at the 2008 Singapore Grand Prix, which ultimately cost him the championship.
Nelson Piquet Jr. ordered to crash his Renault at the 2008 Singapore Grand Prix
In a written judgment handed down Thursday, Judge Jay said the case could proceed.
He said Massa had “no realistic prospect of proving that the FIA owed him” but “a realistic prospect of proving at trial all the elements of the conspiracy by illegal means”.
“A similar analysis applies to inducement claims,” Judge Jay said.
In his ruling, he rejected some of Massa’s claims and said he “reached the firm conclusion that it is clear that declaratory relief is not granted in this case.”
Use Chrome Browser for a more accessible video player
Felipe Massa spoke to Sky Sports in 2023 about the ‘crashgate’ situation and said it was ‘unfair’
At a hearing in October, the court heard that Massa had also sought various declarations regarding the FIA’s conduct as part of his argument.
“In my judgment, Mr. Massa is not entitled to claim declaratory relief on reputational or publicity grounds,” Judge Jay wrote.
“Of course, the current allegations cannot rewrite the outcome of the 2008 Drivers’ World Championship, but if a declaratory relief along the lines sought were granted, that would be a way to show the world Mr. Massa’s victory and how it would be received by the general public.
“The second declaration is that Mr. Massa would have won the championship but for the breach of FIA obligations; in other words, he should have won the championship.
Use Chrome Browser for a more accessible video player
Mercedes team principal Toto Wolff has said he will follow Felipe Massa’s 2008 case “with interest” in 2023 because the outcome “sets a precedent”.
“The FIA, as an international sporting body outside the jurisdiction of this court, can and will ignore such declarations.
“While it highlights its lack of practical utility, in my view this declaration comes too close to infringing on the FIA’s right to govern its own affairs.”
In a statement after the verdict, Massa said: “This is a tremendous victory and a great day for me, for justice and for everyone who loves Formula 1.”
“The truth will prevail at trial. We will leave no stone unturned. Every document, every communication, every evidence of collusion between the defendants will be produced.”
He added: “I feel more determined and confident than ever before.”
In a statement, the FIA said the court allowed the claim of conspiracy by unlawful means to proceed to a full hearing “on a significantly limited basis and subject to reconsidering Mr. Massa’s claims, the evidence of the French law expert referred to above, and the application for leave to appeal”.
At the October hearing, Nick De Marco KC, for Massa, said in written submissions that the defendants were “unable to prove that Mr. Massa’s claims have no real prospect of success.”
He added that Mr Massa had “a real prospect of success on all counts” and said the matter should go to a full trial.
Eccleston’s agent David Quest KC said Massa’s claims were a “misguided attempt to re-publicize the results of the 2008 F1 Drivers’ Championship”.
FIA’s John Mehrzad KC said Massa’s claims were “overly ambitious and distressing” and “clearly overlooked his own catalog of errors”.
F1 management boss Anneliese Day KC said in a written submission that the claim would “fail”.
