Areva Challenge has been penalised by the Jury for a breach of the Protocol and will see its sail limit for the LV Cup reduced from 45 to 43 sails.

The Jury found that Areva Challenge had breached both Article 11.2(f) of the Protocol which prohibits competitors from "‘observing or capturing images of another Competitor’s ACC yacht…with the principal intent and purpose to gain design or performance information…" and, Article 11.2(g), which prohibits Competitors from accepting: "…any information from a third party that, under this Article, would have been improper for the Competitor to obtain directly."

Following a complaint to the Jury from Luna Rossa Challenge, the French team told the Jury that a number of photographs had come into its possession. The photographs were given to Areva Challenge by a recognised media photographer who had taken pictures of the Luna Rossa boat whilst the Italian team was training.

The photographer was on a boat supplied by the event organisers when he took the images of Luna Rossa. Several photographs were distributed to Areva Challenge team members before they were destroyed.

In its decision the Jury recognised that Areva Challenge had made timely and frank submissions to the Jury when it realised it had breached the Protocol.

However the Jury decision notes that a "‘serious breach of the Protocol has occurred." In its submission, Areva Challenge called its possession of the photographs "a gross error of judgment."

The original submission by Luna Rossa also included a claim against ACM as the event organisers for supplying the boat used by the photographer. Luna Rossa has since dropped any claim against ACM.

Luna Rossa further submitted to the Jury it has accepted an apology put forward by Areva Challenge, who has also been ordered to pay costs in the case.