Sauber’s appeal against Wednesday’s Supreme Court judgement has been dismissed, therefore Giedo van der Garde’s right to race has been upheld.
Sauber had hoped to overturn the decision, citing safety as their main concern, but that argument was dismissed by the court.
As a result, the Swiss team now has three contracted drivers for the season, leaving the team in a conundrum as to which they run this weekend.
Meanwhile during the appeal hearing, lawyer’s representing Marcus Ericsson and Felipe Nasr made it clear that they were unaware of Van der Garde’s contract to race.
Both have contracts with Sauber and they could therefore take legal action themselves if they’re dropped in favour of Van der Garde.
It’s not clear what the team will do this weekend, but it has already put forward both Ericsson and Nasr on the official entry list for the Australian GP.