Judge rules against FOM, Bernie Ecclestone and FIA as they attempt to get Massa’s lawsuit dismissed

An emotional Felipe Massa proudly slaps the Prancing Horse insignia on his chest as he celebrates victory and a well fought season in front of his home fans.

Photo by: Rainer W. Schlegelmilch / Motorsport Images

Felipe Massa has secured a first victory as he seeks damages for the results of the 2008 Formula 1 world championship over Renault’s race-fixing at the Singapore Grand Prix.

Massa has been making a case that Nelson Piquet Jr’s intentional crash, which gifted victory to team-mate Fernando Alonso by causing an early safety car, changed the course of the title race as Ferrari’s title contender dropped down the order in a consequent pitstop and eventually lost the championship to Lewis Hamilton by one point.

The conspiracy didn’t emerge until 2009, meaning the previous season’s classification was set in stone.

However, Massa has sued Formula One Management, its former boss Bernie Ecclestone, and the FIA, seeking £64million ($84million) in damages for loss of earnings and sponsorship; the Brazilian has accused them of deliberately and jointly concealing the race-fixing.

Both sides presented their arguments in October at London’s High Court, and on Thursday, Justice Robert Jay rejected the defendants’ attempt to get Massa’s lawsuit dismissed.

The defendants claimed that a potential breach of contract was irrelevant to Massa after the latter argued the FIA had a duty to investigate potential wrongdoing; Justice Jay sided with the defendants, explaining the duty was owed to FIA members, not Massa.

The defendants claimed that Massa’s losses were his own failure given he did not take action following the FIA’s investigation in September 2009; Justice Jay rejected that claim, as Ecclestone’s 2023 interview in which he stated he and then FIA president Max Mosley kept the conspiracy quiet brought essential facts to Massa’s knowledge. However, several claims by Massa are time-barred and/or governed by French law.

The case will now proceed to trial, with Justice Jay estimating that Massa has a ‘real prospect of success’ on the inducement of breach and conspiracy claims, ‘because they do not require Mr Massa to have a directly enforceable contractual right’.

The judge, however, cautioned that establishing enough evidence to win the trial would be a tall order for Massa, though Motorsport understands Massa’s lawyers may now demand additional documents to support their client’s claims, including emails and texts from the defendants.

The judge also pointed out that while the court can award damages to Massa, it cannot overturn the results of the 2008 season.

“This is an extraordinary victory – an important day for me, for justice, and for everyone passionate about Formula 1,” Massa said.

“The Court acknowledged the strength of our case and did not allow the defendants to smother the truth about 2008. The deliberate crash cost me a world title, and the authorities at the time chose to cover up the facts instead of defending the integrity of the sport.

“They did everything they could to stop the lawsuit, but our fight is for justice, and today we took a decisive step. The truth will prevail at trial. We will investigate everything thoroughly. Every document, every communication, every piece of evidence revealing the conspiracy among the defendants will be presented.

“I am more determined and confident than ever! When the whole truth comes to light, justice will be served – for me, for Brazilians, for the tifosi, for all motorsport fans who deserve an honest sport, and for the very future of F1.”