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Toto Wolff

Wolff: Massa legal action could set Hamilton Abu Dhabi 2021 precedent

Mercedes is keeping an eye on the outcome of Felipe Massa's legal battle regarding the 2008 Formula 1 title outcome.

Hamilton Verstappen Abu Dhabi 2021
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To news overview © XPBimages

Mercedes Team Principal Toto Wolff says he is watching Felipe Massa’s legal case over the 2008 Formula 1 season "with interest" after the controversial 2021 Abu Dhabi decider.

Massa missed out on the 2008 F1 World Championship by a single point to Lewis Hamilton, when they drove for Ferrari and McLaren respectively.

Ferrari's Massa was leading in Singapore, when Renault ordered Nelson Piquet Jr to crash to aid Fernando Alonso's strategy, with Massa pitting to re-fuel.

However, he was released from the box with the rig still attached and would finish 13th as Hamilton picked up six points for a third-place finish as Alonso won.

The matter was not followed up when Piquet Jr went public in 2009 and the FIA investigated the incident, but in an interview earlier this year, then-F1 boss Bernie Ecclestone claimed that he and then FIA President Max Mosley were informed during the 2008 season at the Brazil finale, and chose not to take action.

Ecclestone has since retracted those comments, insisting that he cannot remember giving the interview, which has triggered legal action by Massa and his lawyers.

Letter Before Claims have been sent to the FIA and F1, with a deadline to respond now in mid-October, while RacingNews365's sources confirming that Preservation Orders have been sent to Ferrari, Renault (now Alpine), then-title sponsor ING, as well as key figures including Flavio Briatore and Pat Symonds.

According to FIA rules, the timespan to appeal a championship expires days before the champion driver is handed the trophy at the official prize-giving ceremony.

When asked for his opinion on the matter, Wolff said he was following closely as a "precedent" could be set for the Abu Dhabi race.

‘It will set a precedent’

"It’s interesting to follow," he told media including RacingNews365.

"It is clearly not something that anybody saw coming. The rules are pretty clear in Formula 1.

"Is there a civil case behind it? It will certainly set a precedent, whatever it is. Yeah, we're looking from the sidelines with curiosity."

Mercedes’ and Wolff's interest stems from the controversial conclusion to the 2021 title fight, in which Max Verstappen overtook Lewis Hamilton on the final lap at Yas Marina.

A late crash from Nicholas Latifi brought out the Safety Car with five laps to go, with the expectation that the race would finish behind the Safety Car owing to a lack of laps remaining in the expected procedure.

However, at the end of Lap 57, then-Race Director Michael Masi changed his mind and allowed only the lapped cars between leader Hamilton and second-placed Verstappen to pass, thus setting up a one-lap shootout for the title.

The normal procedure would have had all lapped cars overtake before the restart coming at the end of Lap 58 - which would have been impossible as this was the final lap of the race.

Verstappen overtook Hamilton to deny the Briton a record-breaking eighth crown on the final lap by using his fresh Soft tyres compared to Hamilton's worn Hards, with Mercedes eventually deciding not to continue its appeal process as the FIA launched an internal investigation.

Masi was subsequently removed as the FIA admitted it was "human error" as to why all the lapped cars were not allowed to overtake the Safety Car, but the report concluded that the results were "final, valid and cannot be changed."

In the event that Massa’s case results in a change to the classification, it may prompt Mercedes to launch its own legal battle regarding the outcome of the race, with Wolff adding: "The FIA commented on the 2021 race with a clear statement, that's why we're looking at it with interest."

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