First, a generic question asking:
'Is a Competitor permitted to employ a designer who has previously been engaged by a potential challenger, without restriction on what the designer has done for the potential challenger?'
The Jury response is:
'No. The Competitor is prohibited by Protocol 13.5 from engaging a Designer as defined by 1.1 (l) of the Protocol, provided that the potential challenger becomes a Competitor. If the potential challenger does not become a Competitor, there is no restriction.'
Desafío Español then asked a specific question regarding a prospective designer for it's team, in the event the answer to it's first question was no:
'Is El Reto (Desafío Español) able to continue its engagement with Mr. KAIKO as designer?'
The Jury has responded that after considering all the submissions and affidavits presented by a number of parties, a hearing would be necessary to resolve this second question. As the costs for the hearing could be quite expensive, the Jury has given Desafío Español the option of withdrawing their second question.
If a hearing is necessary, it is tentatively scheduled to be in London on 2-3 May.
The full text of the Jury Decision can be found here.
The El Reto, which is Spanish for 'The Challenge' will be Spain's fourth challenge for the America's Cup. On three previous occasions Spanish yachts have raced in the Louis Vuitton Cup, Challenger Series for the America's Cup - in 1992 and 1995 in San Diego and in 1999 in Auckland.
The El Reto syndicate is a new team headed by Agustín ZULUETA, a well known racing yacht project manager in Spain. Back when the Spanish Challenge was accepted on 17 December 2004, ZULUETA said: 'With the 32nd America's Cup taking place in Spain all the elements are ready for us to mount a competitive Spanish Challenge. Our objectives now are to get structured with our team and main sponsor Iberdrola, to organize boats so that we will be ready to race competitively next June during the Valencia Louis Vuitton Acts and to develop our long term strategy for the Louis Vuitton Cup and 32nd America's Cup in 2007. We have a lot of work to do!'