BMW Sauber is undecided about whether or not to withdraw its still outstanding protest about the legality of the diffusers on the Brawn GP, Toyota and Williams cars in light of the FIA's International Court of Appeal decision this week.
The ICA this week rejected appeals lodged by Ferrari, Red Bull Racing and Renault about the double-decker diffusers used by teams at the season-opening Australian Grand Prix. However, BMW Sauber's own appeal against stewards rejecting a protest it lodged after qualifying at the Malaysian Grand Prix is still outstanding.
And BMW motorsport director Mario Theissen has said his team is waiting for the declaration from the FIA about the reasons of the ICA's findings before working out what to do next.
When asked if the team had chosen to withdraw the appeal, Theissen said: "It's not decided yet. We will wait for the written decision."
Theissen conceded that his team was unhappy about the decision, which now forces it to fast track development of the double-decker diffuser design.
"We are disappointed," he said. "On the other hand we have to accept it and will do. We are working to develop our own concept which is quite a big task because the diffuser is not just a piece of carbon underneath the car. It only works if the entire aero concept upstream is in line with it, so we have to redesign and redevelop the aero concept."