The New York Supreme Court Judge Herman Cahn has ruled in favour of Golden Gate Yacht Club in its case against the Société Nautique de Genève.

The ruling disclosed on Tuesday means that the Club Nautico de Vela Español (CNEV) is not a valid Challenger of Record for the 33rd America's Cup. It seems, logically, that the Golden Gate Yacht Club, representing Larry Ellison's BMW Oracle Racing team becomes the new Challenger of Record.

"We are very pleased by the decision as it enables everyone to focus on getting the Cup back on track quickly", said Russell Coutts, CEO of BMW Oracle Racing .

The American challenge has now the right to race Alinghi head-to-head alone next year but is planning to speak with Alinghi as soon as possible to organize a meeting seeking a mutual consent challenge.

GGYC's first preferences would be to :
1	Seek to agree rules with all competitors along the lines of the October 17 'nine points' compromise proposal and race a conventional America's Cup competition in Valencia in 2009.
2	If a Deed of Gift challenge went ahead, the club would seek to race under the AC90 monohull rule already published. If Alinghi did not agree to that, in multi-hulls.
3	In all scenarios, GGYC would seek by mutual consent to have a Challenger Selection Series with as many challengers as possible.

'We will immediately endeavour to meet with the other challengers to mutually agree a fair set of rules negotiated with all the other teams,' Coutts said. 'We will be very happy if we can put the last few months behind us and get on sailing."

Alinghi's home club, Societe Nautique de Geneve (SNG), said the decision was a disappointment. SNG said Alignhi and the seven syndicates who had already lodged challenges, among them Team New Zealand, would be affected.

"There will now be a thorough review of the judge's decision and an anlysis of the various options offered by the Deed of Gift," it said.

"We are disappointed that a technicality made the CNEV invalid", commented Alinghi's boss Ernesto Bertarelli. "We are now looking forward to discussion with the Golden Gate Yacht Club to keep the America's Cup functioning."