It has been revealed that Areva Challenge is under threat to be penalized by the America's Cup Jury.

As a result of a regrettable combination of circumstances, the French Challenger entered in possession of 4 unauthorized pictures of the new Luna Rossa's ITA 94 taken by the independant photographer Philippe De Poulpiquet.

Areva concedes that there has been a violation of the Protocol by its team under Article 11.2, which prohibits to observe or capture images of another Competitor's ACC yacht within 200 meters of the Competitor's yacht.

"Fortunately, this foolish transgression was discovered and remedied the day after it occurred, with appropriate action taken immediately", explained George Clyde, Legal and Rules Advisor for Areva Challenge.

"We ask that the Jury consider an appropriate sanction without imposing a penalty that would have a competitive effect", he added. "No advantage has been gained by Areva, and no disadvantage has been suffered by Luna Rossa or any other Competitor as a result of the Protocol violation".

"Should the Jury believe it necessary or appropriate to impose a competitive penalty, we ask that it be imposed in the context of the current stage of the America's Cup, being the pre-regatta Acts", he concluded.

"A penalty imposed on Areva in Act 13 would be very significant (as Areva is currently barely holding a 2-point Valencia Plan position in a tie with +39 Challenge), but still allow the team, though a strong showing on the race course, to overcome the effect of the penalty".

The Jury will be considering submissions from other Parties, and a Decision will follow.