The International Court of Appeal has upheld the decision of the stewards in disqualifying Antonio Felix da Costa from the Misano E-Prix, meaning he has lost his Formula E win.
The Portuguese driver took his first win of the season on Formula E’s inaugural visit to the Misano World Circuit Marco Simoncelli back in April, but he was stripped of the victory after his Porsche was found to have an ineligible throttle damper setting related to the spring fitted to his car.
Immediately following the disqualification, Porsche lodged an intent to appeal giving the German manufacturer 96 hours to decide whether to pursue the matter, before electing to take it the ICA where its appeal was heard on 7 June.
The German car brand argued that the part in question had been previously used on the Gen2 machines but its inclusion in the “GEN3 Spark Catalogue” was removed when the new car was introduced for the 2022-23 season.
It also argued "it was never reprimanded during the checks for using the disputed spring [previously], it was impossible to verify compliance with the entire Catalogue so soon before the race, and the use of the disputed spring had not given it any sporting advantage", according to court papers.
However, the court noted that "the obligation to comply with the technical regulations and the liability incurred as a result of non-compliance lie solely with competitors".
It also added that Porsche had not produced "any evidence to the effect that the FIA’s technical staff checked the disputed spring and admitted its compliance" after the start of the 2022-23 season, despite the team using the illegal part over the last one and a half years.
With regards to the part offering no performance advantage, it was stated that "in accordance with Article 1.3.3 of the Code, 'If an Automobile is found not to comply with the applicable technical regulations, it shall be no defence to claim that no performance advantage was obtained'".
Rejecting the appeal and upholding the original stewarding decision, it means da Costa and Porsche lose the victory and 25 points that it would have acquired, leaving the German manufacturer 73 points behind Jaguar in the teams' championship.
Since the Misano race, da Costa has secured two further victories this season at the previous two rounds in Berlin and Shanghai, but sits seventh and 83 points behind championship leader Nick Cassidy with only four races remaining, beginning with the Portland E-Prix double-header this weekend.
