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Joest would be better served by going into DPI with some assistance from under the table from Audi Sport. You can't pack a 75 liter tank into a space where only 55 liters max would fit. Or getting a waiver to allow them to race a 2011-13 spec Audi R18 sans hybrid, though that won't work either, as the 2011-13 cars are 2000mm wide, and have 14.5 inch wide wheels on them, and are from the air restrictor BOP era.
I'm pretty sure that Joest can't sue Audi Sport for breach of contract, as Audi Sport probably have some type of emergency out/opt out clause in their contract, just as Joest himself probably has. Also, it wasn't an Audi Sport decision. I'd say sue the members of the Audi AG board who wanted to ditch prototype racing for Formula E, and maybe also sue Audi CEO Rupert Stadler. I'm surprised he hasn't been forced to resign, since he had to have some knowledge of what his engineers were trying to do.
Though, this does also show the box that the ACO have painted themselves in by jacking up the costs to race not just for private teams, but factories. And as we've seen with Audi Sport/Audi AG, when the boards are no longer interested or find an excuse to kill or scale down a program, that leaves cost heavy classes vulnerable to collapse, especially when ROI is reduced to the point where it no longer makes a ton of sense.
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