Legends Racing: The little ones fight back
ACTION AGAINST ASS In November, the disciplinary commission of Auto Sport Schweiz condemned the Swiss Legends Racing association for holding "illegal" races. Now the association is defending itself with civil and antitrust law steps. The owners and drivers of the nippy Legends Cars simply want to practice racing in a cost-effective manner - no matter how or where. After cancellation of all Swiss slaloms, [...]
The owners and drivers of the nippy Legends Cars simply want to practice racing in a cost-effective way - no matter how or where. After the cancellation of all Swiss slaloms, in the context of which the club would have held a few rounds of their SLR Slalom Cup officially approved by Auto Sport Schweiz last year, they had to change their active annual program.
With the exception of the club sporting event in Lignières, which was staged at short notice in September, SLR members indulged in their hobby without exception in neighboring France. The Legends Racers counted these time trials for their club championship.
Bused for "illegal" car racing
This is and was already in the past a thorn in the eye of Auto Sport Schweiz as the national sports authority. After failed attempts on the part of SLR to achieve an "amicable cooperation" at the round table, to which ASS would only have agreed under certain conditions (including the recognition of FIA sporting sovereignty), the disciplinary commission (DZ) of ASS took action.
The five time trials on circuits - two each in July and August in Bresse and one in October in Chenevières - were, in the opinion of the DZ, unrecognized competitions and thus repeated violations of the FIA International Sporting Code. For this reason, ASS rigorously punished the Swiss Legends Racing club with a fine of 5000 Swiss francs plus the payment of the procedural costs in the amount of 1500 Swiss francs.
Precedents in Europe
In a statement published last weekend, SLR comments on the "insinuations and accusations" on the part of ASS. At the same time, the association threatens to take civil and antitrust action.
SLR relies on precedents in other countries that denied an umbrella organization such as ASS monopoly status with respect to organizing, conducting, and licensing auto racing.
The International Sporting Code, to which ASS refers, has no legal validity in Switzerland, believes the private Legends Cars association. Thus, there can also be no submission obligation.
Civil and antitrust court proceedings
The letter signed by the board members and SLR pilots Peter Sägesser, Hanspeter Sägesser and Alain Chatton therefore states:
"We have no choice but to seek state judicial instances based on antitrust law, on the law on unfair competition, and for violation of the right of personality and its inherent right to practice sports."
Demand for a say and the right to vote
With reference to a comparable case recently decided in Germany, which ended in favor of an organizer such as SLR, the Swiss plaintiffs actually do not want such a story to be repeated in this country.
Of course, they also believe that an umbrella organization is needed in Switzerland to coordinate motorsports and decimate the risks.
The undersigned: "However, it is imperative that this be done on the basis of an association structure where members have a say in filling the management or board with people who have the welfare and advancement of auto racing at heart."
Who is right and who gets right?
A noble aspiration, which probably every ASS licensee, organizer and friend of Swiss motorsports would like to see. Therefore, all look forward with excitement to the continuation and outcome of this upcoming or ongoing legal dispute, which both parties believe to win.
PS: A criminal complaint at the WEKO and a lawsuit at the civil court of Bern will be filed by the association Swiss Legends Racing this week or next week.
The full communication can be downloaded at this Link can be read.
