Published Sat, Jan 30 10 05:29 AM
The 33rd America's Cup will take place from Feb. 8 after the New York Supreme Court said on Friday it would not hear before the match a complaint from BMW Oracle over the origin of sails to be used by holders Alinghi.
The holders issued a statement saying Justice Kornreich of the New York Supreme Court informed the competitors -- Societe Nautique de Geneve's (SNG) Alinghi and Golden Gate Yacht Club's (GGYC) BMW Oracle -- of her decision in a teleconference.
"This means the 33rd America's Cup is free to proceed as ordered by previous New York rulings," said Alinghi. The race is scheduled to take place in Valencia, Spain.
BMW Oracle asked the court to decide if Swiss-based Alinghi, who sail under the colours of SNG, were allowed to defend the title with sails made in the United States.
The Deed of Gift race rules say competitors' yachts must be constructed in the country they represent.
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Alinghi contested the claim, saying their sails were made in Switzerland, and that sails were outside the original definition of what constitutes the yacht or vessel.
The holders also accused BMW Oracle, who sail under the GGYC colours, of having a French-designed yacht as part of the Swiss team's defence in the long-running legal battle.
"This is excellent news," said Alinghi team president, Swiss entrepreneur Ernesto Bertarelli.
"We are delighted BMW Oracle's attempts to disqualify Alinghi and to win the America's Cup in court have been denied.
"We look forward to meeting them on the start line here in Valencia on Feb. 8 to race for the Cup -- something they can no longer try to avoid."
GGYC spokesman Tom Ehman acknowledged it was unlikely a hearing on the "constructed-in-country" issue would take place before the match due to the court's busy schedule.
"It's unfortunate the legality of Alinghi's American-made sails probably will not be decided before the match," he said in a statement. "However, it will be decided eventually."
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