It sounds like the judge is saying that in essence, Massa could potentially prove negligence in the FIA not fulfilling their obligation to govern and enforce their rules by investigating the matter timely, but that he cannot ask to be declared champion on hypothetical grounds (ie, the assumption that the race would've been annulled and he would've become champion at the end of the season).
Seems to disagree with the BBC on the statute of limitations argument; they seem to think the judge took Massa's side on that point.
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