Mascalzone Latino will re-sail its Louis Vuitton Cup match race against Desafio Espanol after it broke the rules.

Fined €10,000 on Monday for using a different paint on its ITA-99 yacht than is allowed, the Naples-based syndicate has now been found in breach of the America’s Cup Class Rule during its win over Desafío Español 2007.

Class Rule 44.1, ‘Compliance whilst racing’, which was amended through Rule Amendment No. 1 on June 14 2005, states in part: “Whilst racing…backstays, topmast backstays and check stays shall remain permanently attached to their fixing points on the mast and the hull, deck or cockpit and in the same load bearing position throughout the race.”

Desafío Español lodged the protest within the time limit after viewing video of the race and observing the set-up on ITA 99. The Jury ruled the protest was valid and had been filed in time. Mascalzone Latino-Capitalia Team acknowledged using the backstays in the manner described by Desafío Español and the Measurement Committee advised the Jury that they had determined ACC Rule 44.1 had been broken.

In effect, the Italian team had the backstays stowed alongside the mast for much of the two upwind legs, to avoid drag, but set them up before the final run, to provide more support to the topmast.

Desafío Español asked the Jury to disqualify Mascalzone Latino-Capitalia Team from the race and award the points from the match to the Spanish team, arguing the illegal use of the backstays amounted to an advantage for its opponent. Mascalzone Latino-Capitalia replied that it crossed the starting line more than 11 seconds ahead of the Spanish boat and was in a strong position to win the race for the entire contest.

In its findings the Jury stated it is satisfied that the breach had no significant effect on the outcome on the match. Notice of Race 14.2 allows the Jury to impose a penalty other than disqualification in such circumstances.

The Jury considers that the most equitable arrangement is to re-sail the match (would take place as a second flight on Saturday) and impose a fine of 10 000 euros.

"We were satisfied that this was inadvertent and had no outcome on the match," said Bryan Williams, the chairman of the jury. "If the penalty had been more severe they would have lost their points but for now (the points) are theirs to lose when they race again."

Vincenzo Onorato called a press conference at the Mascalzone Latino-Capitalia Team base and said he was pleased the jury had decided the best way to resolve the technical protest against the team by Desafio Espanol 2007 was by holding a rematch.

"I don’t want to criticise what happened," he said. "We made a mistake, but the jury came out with a decision saying that what we did had no effect on the result of the race".

"I am quite happy with the decision of the jury, because they have made it from a sporting point of view. One win for the Spanish, one win for us, now it’s time for a rematch. The rematch will say without any doubt who is the best on the water. So this is wonderful, something I like very much."