Marc Marquez has been granted an official Stay of Execution following his Round 1 penalty.

The decision from the MotoGP Court of Appeal means that the Spaniard – who is out will miss this weekend’s Americas MotoGP due to injury – will not have to serve his penalty until the Repsol Honda Team’s appeal of the decision has been properly heard.

Marquez was penalised after a Lap 3 collision with hometown hero Miguel Oliveira which ended both rider’s race as the pair battled for the lead of the Portuguese MotoGP at the Algarve International Circuit in March.

The collision saw Oliveira suffer tendon damage, causing him to miss the Argentine MotoGP, while Marquez suffered a broken hand and has since undergone surgery.

While Oliveira makes his return with RNF Aprilia at this weekend’s Americas MotoGP, Marquez is still sidelined by the injury.

Following the incident – which saw Marquez not only take out Oliveira, but also contact Jorge Martin’s Pramac Racing Team Ducati, which fell from third to sixteenth as a result – the Repsol Honda Team rider was issued with a Double Long Lap Penalty.

Given that Spaniard was out of the MotoGP, the original penalty was to be served at the next event, the Argentine MotoGP, however given Marquez could not compete, this was adjusted:

“Considering the injury and non-participation of Marc Marquez, Rider #93, at the Gran Premio Michelin de la Republica de Argentina, and with a view to comply with the intention underlying the decision taken by the FIM MotoGP Stewards Panel, the Double Long Lap Penalty shall be served by the Rider at the next MotoGP Race in which he will be able to participate.”

The Court of Appeals Stay of Execution now means that Marquez can return to the track – despite no word on when that may be – and will not have to serve the penalty until the appeal process is complete.

The statement from the MotoGP Court of Appeal is as follows:

“On 26 March 2023, in the MotoGP™ Race of the Grande Premio Tissot de Portugal, the FIM MotoGP™ Stewards Panel imposed a Double Long Lap Penalty on Mr Marc Marquez, Rider #93. On 28 March 2023, the same FIM MotoGP™ Stewards Panel notified the Application of the Sanction imposed on the rider to clarify the scope of its applicability.

Following the appeal from the rider and the HRC – Repsol Honda Team against the Application of the Sanction, the FIM Appeal Stewards decided to refer the case to the MotoGP Court of Appeal on 29 March 2023.

As a result, the MotoGP Court of Appeal ruled on the request to stay the execution of the Application of the Sanction submitted by the Appellants.”