Kaltenborn is claiming it would be unsafe to put VDG in the car. What about Mehri, Stevens - that car hasn't even turned a wheel. There are past examples of drivers jumping in cars at short notice - Brundle at Spa, Alesi at Paul Ricard (and he finished 4th on his debut if memory serves)
If the courts are continually ruling in VDG's favour then his case must be strong. Sauber seem to created a bit of a problem for themselves and I don't have any sympathy for them. They agreed the contract, VDG is enforcing it. I would imagine he is only realistically looking for a settlement, but asking for a ruling to put him the car brings everything into focus to reduce the amount of time it will take. Sutil is suing for damages - that will take months.