The decision, which was rendered Thursday following a hearing held in summary proceedings on June 23 in Paris, focused on the form, namely a memorandum of understanding between Gabart / Kresk and the Ultim class about of the conflict to be resolved, which the former denounced, and not on the merits, that is to say on the conformity or otherwise of the flying maxi-trimaran.
The legal request concerned the deadline set between the two parties to find a solution to their dispute, set at March 4.
According to the Gabart/Kresk clan, if the class did not get answers to their questions before March 4, "the class allowed us to participate in the Route du Rhum. March 7 is the date on which the notice was published on the site of the body which was consulted", had been defended on the Gabart side.
The decision therefore allows Gabart to present himself on the starting line of the Route du Rhum, a solo transatlantic race which will start on November 6 from Saint-Malo (Ille-et-Vilaine).
The dispute between Gabart, holder of the solo round the world record, and the Ultim 32/23 class, which publishes and manages the rules for maxi-trimarans up to 32 m long, began last September.
The flying maxi-trimaran SVR-Lazartigue, helmed by French skipper François Gabart, during a sea trip on May 18, 2022 off the coast of Marseille Nicolas TUCAT AFP / Archives
It concerns rule 3.11 of the International Sailing Federation (World Sailing) which provides that winches (manoeuvre stations) must not be located under the deck of a boat (to avoid any danger).
Depending on the class, Gabart's sailboat deviates from this rule.
The definition of what a "bridge" is is subject to interpretation and it is this interpretation that the class requested from the International Federation within the framework of the memorandum of understanding and which was not rendered in the time limit of March 4 pleaded the Gabart / Kresk camp.
The Ultim class, from which 18 million euros in damages have been claimed by Gabart / Ktresk, can appeal.
© 2022 AFP