Mr Justice Jay handed down his ruling from that hearing on Thursday. He allowed the matter to proceed and said Massa had a “real prospect of proving at trial” his case for damages.
However, to allow the declaration element of Massa’s case to proceed “comes too close in my view to impinging on the right of the FIA to govern its own affairs”, the judge said.
“Mr Massa is not entitled to claim declaratory relief for reputational or publicity reasons,” he added.
“The present claim cannot of course rewrite the outcome of the 2008 drivers’ world championship, but if declaratory relief along the lines sought were granted that is how Mr Massa would present his victory to the world and it is also how it would be perceived by the public.”
It sounds like the judge is saying that in essence, Massa could potentially prove negligence in the FIA not fulfilling their obligation to govern and enforce their rules by investigating the matter timely, but that he cannot ask to be declared champion on hypothetical grounds (ie, the assumption that the race would’ve been annulled and he would’ve become champion at the end of the season).
Seems to disagree with the BBC on the statute of limitations argument; they seem to think the judge took Massa’s side on that point.
