Ducati's controversial swingarm-mounted scoop will not be banned, the MotoGP Court of Appeals has decided following a hearing last week.
Andrea Dovizioso snatched victory by 0.023 seconds from Honda's Marc Marquez in the season-opening Qatar Grand Prix two weeks ago, though a protest was launched immediately after the race by Honda, Aprilia, KTM and Suzuki over Ducati's use of its rear wing.
While Ducati maintained its use was for cooling the rear tyre, the four manufacturers argues it had an aerodynamic benefit, and therefore contravened the regulations.
The initial protest was thrown out, but an appeal launched by the four aggrieved manufacturers saw the matter taken to the Court of Appeals, where a lengthy hearing took place in Switzerland last Friday.
Following deliberation over the case presented, the Appeals Court has ruled that the original result of the Qatar race stands, while “request to declare the device illegal and ban its use in future races is rejected”.
According the official statement, Suzuki lodged a complaint against Pramac's Jack Miller, Honda against Dovizioso and the remaining two accusing manufacturers against Danilo Petrucci.
Honda, KTM, Aprilia and Suzuki now have five days to file an appeal against the Court's decision.
In the wake of the protest, Ducati general manager Gigi Dall'Igna said the Italian marque would consider making an official complaint against Honda's aerodynamic package after questioning its legality.
Aprilia CEO Massimo Rivola later revealed his team had been told by technical director Danny Aldridge running a Ducati-style rear wing would not be allowed in dry conditions during the pre-season.
Last week, Rivola said Ducati's Qatar win should stand regardless of the findings of the Court of Appeals.
