Société Nautique de Genève wins America’s Cup appeal

Posted on 29 July 2008 by Valencia Sailing

[Source: Alinghi] New York Supreme Court reinstates Club Náutico Español de Vela as the Challenger of Record…

(New York, 29 July 2008) The Appellate Division of the New York Supreme Court today ruled in favour of the Société Nautique de Genève (SNG) declaring Club Náutico Español de Vela (CNEV) the rightful Challenger of Record for the 33rd America’s Cup and denying the Golden Gate Yacht Club (GGYC) this status.

Ernesto Bertarelli, Alinghi president, comments: “We are delighted with this result; we can now continue with our vision of a multi-challenger event. The court’s decision validates our actions and enables us to put the America’s Cup back on the water.”

Lucien Masmejan, SNG lead counsel, comments: “After a year of litigation interference by the GGYC, we are extremely pleased that the Appellate Division has found its challenges to SNG’s conduct of the 33rd America’s Cup baseless. The GGYC’s actions have wasted a lot of time, effort and resources over the past year and we hope that it does not appeal. We must now evaluate whether adjustments have to be made due to the time consumed by its improper litigation initiatives.”

The decision of the Appellate Division reads: “……the orders of the Supreme Court, New York County (Herman Cahn, J.), entered March 18, 2008 and May 13, 2008, which, inter alia, declared CNEV’s challenge invalid and GGYC the Challenger of Record under the Deed of Gift, should be reversed, on the law, with costs, CNEV declared the Challenger of Record, and, in keeping with the Deed of Gift’s requirement that the defender be given at least 10 months’ written notice to prepare for the challenge, the 10-month notice period should be tolled until service of a copy of this order.”

12 Comments For This Post

  1. Anonymous Says:

    Please, please, please do not appeal GGYC. I haven’t taken any sides on this. I, like many, many others just want to get back into the America’s Cup, and not have the stress of not knowing what the hell we are doing month to month. I know I speak for thousands of people here.

  2. Anonymous Says:

    I can only hope that GGYC will suck it up and take this ruling. So many of our lives have been put on hold for an entire year with their complaining, its time they stepped aside, they cannot buy the Amwrica’s Cup like they planned.

  3. Anonymous Says:

    What are they going to do with the multihull? I think it was almost finished.

  4. folkenbolt Says:

    This story is not over yet!
    As it was not over after the first court ruling in favor of Ellison.
    AC is never been a sporting challenge in the proper meaning of the term.
    It’s just a dirty game where the opponents try to gain as much advantage as possible against the others, in one way or in another.
    It’s always been this way! And this time won’t be different.
    GGYC would surely appeal against this last court decision and all this circus will restart again once more!
    No more sport! No more challenge!
    Just trials and lawyers!
    This is sad and boring.
    I’m fade up with all this stuff!

  5. Anonymous Says:

    Hope GGYC doesn’t appeal, which will take one more year plus a new 10-month notice. The rest of challengers deserve to sail for the AC! It’s time to put things back to place and start to talk about sailing again, instead of courts and attorneys.

  6. Anonymous Says:

    I hope that GGYC takes this ruling and not appeal……..
    Now the rest of challenger can start again to work for the next cup.

  7. Peter Huston Says:

    Seems like this guy “Anonymous” really needs his AC job back. Get a life, dude. There are other ways to make money besides sailing sailing in a glorified parade of waterborne advertisting.

    You have to love Lucifer’s comment – “we hope they won’t appeal”. Well, duh, of course Lucifer and Erne$to hope that GGYC does not appeal – because Lucifer and Erne$to could come out on the short end of that one, and then where would they be?

    I hope GGYC appeals, and gets some final definition on what sort of club can serve as challenger.

    Erne$to started all this mess, and it deserves a full and complete ending. Anyone who wants to this litigation to end so they can go back to work is only thinking of themselves, and not the 150+ years of tradition, which is the reason they had a job in the AC in the first place.

  8. chuck Says:

    GGYC, you have to appeal. If this awful ruling is upheld, it will become precedent. Then any future cup holder (not just Alinghi) will be able to set up a paper yacht club to challenge (as Challenger of Record), and establish a one-sided protocol — or worse yet, not even establish a protocol and race the sham challenger head to head.

    Yes, it would be nice to see a cup series in the next year or two. But do not sacrifice the entire future and integrity of the AC just so that a few whiney fans can get over this.

  9. Anonymous Says:

    Why is everyone who applauded GGYC’s attack on the abuses by Alinghi in setting the terms of AC33 now suddenly wanting them to give in? Alinghi’s behavior hasn’t changed, and they have not offered to settle on reasonable terms. The legal process that GGYC initiated has not run its course and the latest ruling was clearly bogus. Why abandon ship now? GGYC deserves our support in seeing the issue through and getting the AC back on sound footing. And besides, do you really think Ellison is going to give up and go home? Get real.

  10. Anonymous Says:

    Lets hope GGYC can finally do the right thing. Peter Huston is wrong, it can be easy to judge when you are nobody.

    Ensuring the court dramas end is sticking 150 years of tradition, by sailing. Yes, we could all get different jobs, but why would we when the Cup is so great?

  11. christopher Says:

    wow
    I’ve been reading these comments on this board and others; as peter points out I’m also struck by
    the simple mindedness drum beating crew willing to look the other way.

    The America’s Cup has always been an eccentric sporting event, Alinghi changed it into some kind of medley of hoops, bells and whistles; while making a lot of money; getting the huge benefit of competing with all potential challengers until the 11th hour. The defender should train on their own not against the challengers; just like the Kiwis did and all defenders previously.

    Bottom line is the fact that EB tried to pull a fast one with that CNEV challenge stacked
    (a signed blank piece of paper) protocol radically in alinghi’s favor.
    He got called out by GGYC now the bumbling courts gave him a reprieve, 3-2.
    The courts will eventually get it right and slap his hand harder, that is
    unless EB acknowledges his mistake and sits down with GGYC on a multi-challenger cup protocol he will be racing next year in those big trimarans.

  12. Anonymous Says:

    So two person with lots of money want something and now fight in court to get it when they should fight it out on the water like in previous Cup’s.

    Is it the first time the defender had hughe advantages against the challangers? When my memory does not cheat me there where previous cups where the defender was able to have hughe advantages against their rivales.

    PS: Seams Mister Elli$on wants also to race at least once in the finals…

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