Oct.5 (GMM) The legality of Prodrive's proposed formula one entry for 2008 will be examined by the International Court of Appeal later this month.

FIA president Max Mosley has referred the matter to the Court following the receipt of a letter from Sir Frank Williams' team.

Prodrive, the Banbury-based outfit, has made no secret of its intention to use a customer McLaren-Mercedes car-engine package next year, which strictly according to the current Concorde Agreement is illegal.

The FIA intended to allow the use of off-the-peg cars from next year, but arguments about the distribution of income for non-constructors has delayed the finalisation of a new commercial formula one agreement.

In principle, Williams also supports Spyker's efforts to clarify the legality of Super Aguri and Toro Rosso's cars this year, as the matter prepares to go to the Swiss based court of arbitration.

The Prodrive-Williams appeal will take place in London on October 24, with a decision due the following day, an FIA statement on Friday revealed.