CooperatingGate, the Next Salvo

In our previous post, ETNZ a One-Boat AC Team (Not?), we examined the implications for the partnership of Emirates Team New Zealand and Luna Rossa of a December 28 decision of the America’s Cup Jury. The Kiwis and the Italians have been silent, but the third of the three fully-accredited challengers for AC34 (and Challenger of Record), Artemis Racing, today released the following:

12 January 2012 – The Jury Decision in Case AC06, issued on 28 December 2011, has made it clear that Emirates Team New Zealand (ETNZ) and Luna Rossa can not proceed with all of their publicly announced plans without violating the Protocol for the 34th America’s Cup. This substantiates Artemis Racing’s understanding of the Protocol and the basis for the team’s filing of Case AC07, submitted on 16 November 2011.

ETNZ’s public announcements and submission to the Jury on 26 November 2011 stated that:

A. ETNZ have a collaboration agreement with Luna Rossa
B. The agreement provides for Luna Rossa to directly or indirectly build a yacht
C. The agreement provides that ETNZ shall obtain design and performance information from the Luna Rossa boat through “two boat testing”

The Jury Decision in Case AC06, clearly states that if an agreement exists between two teams, one which contains A, B and C; then there would a violation of Protocol 33.4.

Artemis Racing has received the clarification it was seeking.

Artemis Racing knows that ETNZ and Luna Rossa have done A and B and plan to do C. Artemis Racing is confident that the teams will modify their plans so as not to violate the Protocol.