La justice autorise François Gabart à prendre le départ de la Route du Rhum ! - Route du Rhum

La justice autorise François Gabart à prendre le départ de la Route du Rhum ! – Route du Rhum

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It became the Gabart affair! A dispute which should have, which could have been settled internally. For more than six months, there were indeed exchanges, meetings, discussions, proposals but nothing worked. The disagreement was too deep.

François Gabart and Didier Tabary, sponsor and owner of the SVR Lazartigue trimaran, then decided to take the matter to court against the Ultim Class. The crux of the problem lies in the refusal of the Ultim 32/23 Class to grant François Gabart a gauge certificate of compliance with the rules of the class, an essential certificate to participate in the Route du Rhum 2022. In question, the non -compliance with the RSO 3.11 rule (according to which the winches, which are used to trim the sails, must not be positioned under the deck).

On June 23, the two parties therefore met at the Paris court, a place that sailors never frequent, for a hearing that was very tense.

(Photo Guillaume Gatefait)
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A month later, the court rendered its decision. Subject to appeal, it is favorable to François Gabart, whose press service sent the following press release:

“In its decision handed down on July 21, the Paris Court rules in favor of the Kresk Group in the dispute between it and the Ultim Class, thus allowing the trimaran SVR-Lazartigue to be on the starting line of the Route du Rhum , on November 6th.

Basically, nothing is settled.

The court asks that a “temporary derogation” be given to SVR Lazartigue for the Route du Rhum. “The Ultim 32/23 Class must deliver without delay any derogation to the company Kresk Développement allowing the trimaran SVR Lazartigue to participate in the Route du Rhum 2022, subject to a penalty of 15,000 euros per day of delay after a period of 15 days from service of this judgment for a period of 60 days”.

According to Guillaume Vitrich, lawyer for the Kresk Group, this “decision clearly recognized that the opinion of World Sailing did not concern our boat”

After the Route du Rhum, François Gabart will be able to apply again for membership in the Ultim Class but nothing says that it will be accepted. “There is nothing to prevent François Gabart from joining the Ultime Class and taking part in the Route du Rhum,” adds the lawyer.

The fact remains that, on the merits, as expected, nothing has been settled.

Call or not? The Ultim class will decide on Tuesday July 26

For its part, the Ultim Class has not yet decided whether it will appeal. “We have to take the time to analyze, explains Patricia Brochard (Sodebo). We will meet soon, next Tuesday. For the moment, we take note of the judgment which does not take into account the security problems which are essential for the Class. This derogation, which is given under duress, necessarily worries us”.

Lyrics

Didier Tabary, CEO of the Kresk Group, sponsor and owner of the trimaran: “ I am delighted with the decision of the Paris court which puts an end to the injustice that the Trimaran SVR-Lazartigue team was facing. Millions of enthusiasts will be able to follow the Route du Rhum in optimal conditions and this decision thus marks, and above all, the victory of sporting values. I hope that the dialogue will be able to resume with the Ultim Class in a more serene way in order to restore a climate of confidence allowing us to prepare for the future”.

Francois Gabart: “I am relieved of this decision which allows me to concentrate calmly on training and the competition that awaits us. I’m also happy to find the other skippers on the starting line. All these boats together will allow yet more memorable races for all the enthusiasts who have shown unfailing support”.

Didier Tabary: “I am delighted with the decision of the Paris court which puts an end to the injustice that the Trimaran SVR-Lazartigue team was facing”.
Didier Tabary: “I am delighted with the decision of the Paris court which puts an end to the injustice that the Trimaran SVR-Lazartigue team was facing”. (Photo Philippe Eliès)

The conclusion of the Paris court

The tribunal,

Decision 4 of the February 16 Record of Decisions was previously cited. It in no way imposes on the company Kresk Développement to bring the vessel into compliance with the RSO 3.11 rule after the Route du Rhum 2022. This decision only provides for a temporary derogation from RSO 3.11 in favor of SVR Lazartigue for its participation in the Route of Rum 2022.

At the end of the Route du Rhum, if the owner of the vessel, in this case the company KD Ultim, wishes to join the Ultim Class, it is up to him to submit a request to the competent authorities to this end and they will appreciate.

It should be remembered that if the parties deemed it necessary to seize World Sailing, it was because they did not agree on the conclusions of the amicable expertise.

It follows from the above that the request to bring the vessel into compliance with RSO 3.11 after the Route du Rhum 2022 is unfounded and must be rejected.

The court, ruling by contradictory judgment, made available to the registry and in first instance,

– Rejects the plea of ​​inadmissibility, drawn from the lack of standing and interest to act of the company KresK Développement, raised by the association Classe Ultim 32/23, as being unfounded;

– Says that in application of decision 4 of the statement of decisions of February 16, 2022, SVR Lazartigue automatically benefits from a temporary exemption

Consequently, enjoins the Ultim 32/23 Class association to deliver without delay any derogation to the company KresK Développement allowing the trimaran SVR Lazartigue to participate in the Route du Rhum 2022, subject to a penalty of 15,000 euros per day of delay past one 15 days from the service of this judgment for a period of 60 days;

– Condemns the Ultim 32/23 Class association to pay Krek Développement the sum of €3,000 in compensation for its non-pecuniary damage;

– Rejects the surplus of requests from Kresk Development as unfounded;

– Rejects the counterclaims and the vessel’s compliance with RSO 3.11 after the Route du Rhum 2022 of the Ultim Class 32/23 association as being well-founded;

– Condemns the association Classe Ultim 32/23 to pay the costs;

– Condemns the association Classe Ultim 32/23 to pay the company Kresk Développement the sum of €10,000 under article 700 of the code of civil procedure;

– Recalls that provisional execution is by right;

– Rejects the request of the association Kresk Développement tending to have the provisional execution set aside;

– Dismisses the parties of their other claims.

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