BMW Sauber has officially withdrawn the appeal against the controversial diffusers run by Williams, Brawn and Toyota that has been outstanding since the Malaysian Grand Prix.
Despite the FIA Court of Appeal ruling last week that the controversial interpretation of the rules was acceptable, this was based on the appeals lodged by Red Bull, Ferrari and Renault from the Australian Grand Prix weekend.
But BMW Sauber, which had lodged its similar protest and subsequent appeal in Malaysia to ensure that the results could be changed if the Court of Appeal decision went the other way, has opted to withdraw it because a second hearing would produce the same result.
"We withdrew from the appeal yesterday," said BMW boss MarioTheissen. "We would not expect a different outcome if we went for an appeal again."
The team is working on its own version of the controversial double-decker diffuser, although there is uncertainty as to whether it will be ready for next month's Spanish Grand Prix.
The team is scheduled to introduce a raft of aerodynamic improvements for Barcelona, and although Theissen is confident that it will be a step forward, he is unsure whether it will allow them to recapture front-running form.
"We are not decided yet," said Theissen. "We are still working in the wind tunnel. The Barcelona aero package had been started way before and now the question is can we include a diffuser with another performance benefit. If not, we would not do it.
"We will have an improvement and it will make the car quicker, but if it is sufficient to catch up with the competition, who will present something new as well, I don't know."