America's Cup- CNEV pleads 'Guilty as Charged'

by Richard Gladwell on 6 Nov 2007 At a media conference at Barcelona International Boat Show, the President and Vice President, Gerardo Pombo and Manuel Chirivella,of the Royal Spanish Sailing Federation (RFEV) outlined the circumstances and thinking which led to the formation of Club Nautico Espanol de Vela, and their role as Challenger of Record for the 33rd America's Cup.

The statements of the hapless pair were widely reported in Spanish newspapers today. Sail-World has used translation robots to convert two of those reports.

It seems that local government and other bodies were keen to have the America's Cup stay in Valencia after Alinghi's successful defence, and RFEV contrived to form a new club for this purpose.

In the hearings before Justice Herman Cahn in the New York Supreme Court, Golden Gate YC's attorney, James Kearney, argued that the CNEV 'is not a club of sail'. This assertion is now apparently shared by Vice President of RFEV, Manuel Chirivella, who admitted that: 'The CNEV is a legal adjustment' that was made to introduce the 'Challenge.'

Due to the requirements of the Deed of Gift, it was not possible for RFEV to challenge in its own right, and the Spanish believed that a club needed to be formed to challenge.

'We did so because we were asked to do so by the Valencian authorities,' adds Chirivella.

The President of the Spanish Gerardo Pombo, added that they have created the club for 'the good of Spain, according to all institutions united in the project. We have been part of a necessity. '

They went onto claim that the major sponsor of Desafio Espanol, the power company, Iberdrola, 'wanted to keep the philosophy of the last edition', and that they would not use an existing Spanish club as a challenger.

Although the 'Deed of Gift' requires that 'challenger of record' to organise at least one annual regatta, that has not been done by CNEV. 'The regulation does not say when we have to do it, whether before or after becoming the Challenger of Record,' said Chirivella. A sailing event is expected to be held sometime in November, according to submissions made in the New York Supreme Court.

'What is valid is the Spanish law, not American,' remarked Pombo (cheerfully ignoring the fact that the Deed of Gift for the Cup is registered in New York).

Speaking of negotiations to hold the Cup elswhere, the CNEV president said there was never a danger that the competition leave Valencia, because among other reasons because the infrastructure is ready to compete in two years instead of four governing between one regatta and the next.

Pombo revealed that Valencian government bodies had paid 105 million euros (NZD400million) for the hosting rights of the 33rd America's Cup.

The creation of the new Spanish sailing club was secretive because this was required by ACM.

However the Spanish website ValenciaSailing.com commented on the reasons for the formation of Club Nautico de Vela:

'Another interesting comment by both men was to also put the blame on Iberdrola, the Spanish utilities giant and main sponsor of Desafío Español. According to them, Iberdrola would have kept on funding Desafío Español only if didn't represent an already-existing yacht club, such as Valencia's yacht club, a mere mile down the road from Port America's Cup. Given that demand it was obvious there were hardly any alternatives. It's clear now the blaming game has started.'

Justice Herman Cahn, of the New York Supreme Court, is expected to to rule on the legitimacy of Club Nautico Espanol de Vela, either later this week or next. Both parties have asked for summary judgement on the basis of agreed facts.