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# Briatore starts explosive row with McLaren over court of appeal judge
- URL: https://www.the-race.com/formula-1/briatore-starts-explosive-row-with-mclaren-over-court-of-appeal-judge/
- Published: 2026-09-04T14:48:36.000Z
- Updated: 2026-09-04T14:50:21.000Z
- Description: Alpine F1 boss Flavio Briatore has started an extraordinary row with McLaren following the FIA International Court of Appeal's decision to reinstate Pierre Gasly's Monaco GP penalties
- Author: Samarth Kanal
- Tags: Formula 1, Business, #italian-grand-prix, #fia, #mclaren, #alpine, #pierre-gasly, #primary_homepage_feature

The Alpine Formula 1 team's executive advisor Flavio Briatore has started an extraordinary row with McLaren over the International Court of Appeal's decision to reinstate Pierre Gasly's Monaco Grand Prix penalties and strip him of his podium finish.

Briatore appeared to question the appointment of one of the ICA judges presiding over [McLaren and Red Bull's appeal](https://www.the-race.com/formula-1/alpine-feels-unjustly-punished-as-gasly-loses-monaco-podium/) against the decision to rescind Gasly's Monaco pitlane speeding penalties.

Gasly was promoted back into the Monaco GP podium places after Alpine succeeded in a right of review appeal against his two speeding penalties, which were applied at the chequered flag, but a further appeal launched by Red Bull and McLaren led to Gasly being demoted back to seventh in the final classification, and Red Bull's Isack Hadjar promoted back to third. 

Reading from a piece of paper that he waved around during Friday's Italian GP team bosses' press conference,Briatore appeared to question the impartiality of one of the ICA judges - Filippo Marchino - on the panel during the August hearing.

"First, we accept the decision, but what is very strange is, of the four judges on the panel, one of the judges acts like a prosecutor," Briatore said. 

"For us, that's not a big problem. The problem is that he's very linked with McLaren, the company, because we have a nice picture of this guy at the speech for McLaren in 2018 at McLaren Special Operations \[MSO\] in Beverly Hills. 

"He has a foundation - it's called the One Drop Foundation - and McLaren gave two or three McLaren cars. 

"And I think this was quite unfair, \[that\] one of the judges was linked with a team protesting us."

These are all accusations made by Briatore. Marchino was not present to respond to them.

Marchino's FIA biography calls him an "experienced trial Attorney" who "routinely litigates some of the most technical and challenging cases in the United States".

He was added to the list of judges elected to the FIA international tribunal and International Court of Appeal in the December 2023 FIA General Assembly.

Briatore argued "the judge normally would be independent, completely" and continued by claiming that Marchino was "very nasty during the hearing" and "acting as a prosecutor".

Briatore continued: "And after, we found out what is the reason why he's so nasty, this guy? He's very linked with McLaren. I'm very surprised this guy has the link with McLaren."

McLaren team principal Stella, also present in the press conference, later rebutted: "I find that this conference is going, in this direction, quite insulting for McLaren, for the reputation of a team that deserves a lot of respect. 

"If anybody makes these kind of allegations, which seem quite serious, they are going to have to take the responsibility for what they are saying in a public forum.

"The hearing, the whole International Court of Appeal, was conducted to the highest standards, and we should not question this case like it's been done."

Briatore was asked why Alpine did not question the inclusion of Marchino on the ICA panel.

“We had no idea this guy was linked with McLaren," Briatore replied. "We go to the hearing with McLaren, and we see...it was very funny, because the judge was not a judge, he was a prosecutor. 

"It was four judges, this one was really a prosecutor against the FIA, against us, against FOM \[Formula One Management\]. And after that, we found out, after the meeting with Marchino before, we found out this guy was linked with the McLaren team. 

"So it's quite unfair, if some of the judge is linked with one of the teams that fighting with us."

Briatore repeatedly insisted that Alpine "accept the decision, we accept everything" but returned to his theme of a perceived conflict of interest, saying: "It's quite strange - to have one guy in the panel linked to the team.”

He was vague on whether his team is considering further judicial review, saying only "we're thinking about what we do next".