The Appeal Court of New York State this morning ruled in favour of the Golden Gate Yacht Club on the legitimacy of Club Nautico Espanol de Vela (CNEV), as Challenger of Record for the 33rd America’s Cup.
The simple answer was that CNEV did not satisfy the requirements of the Deed of Gift, and therefore was not a bona fide club from which the Defender Societe Nautique de Geneve (SNG) could accept a Challenge.
In what will be a landmark decision, from which there is no further Appeal the Court set back the America’s Cup clock back to to July 2007 with their concluding paragraph:
‘Since CNEV has failed to show that at the time it submitted its Notice of Challenge it was a ‘club fulfilling all the conditions required by’ the Deed of Gift, it does not qualify as the Challenger of Record for the 33rd America’s Cup competition and Supreme Court was correct in declaring GGYC to be the valid Challenger of Record.’ … Pictures and DetailsÂ