Two weeks later in the rain at Fuji Speedway, Japan, it seemed Sutil had narrowly missed an opportunity to score Spyker's first ever point, briefly holding 8th position on the penultimate lap of the high-attrition race after Nick Heidfeld retired his BMW, but was almost immediately passed by fellow backmarker Vitantonio Liuzzi in the Toro Rosso and finished 9th. After the race it was found that Liuzzi had overtaken Sutil under yellow flags, and the 25-second penalty for the Italian promoted Sutil to the final points position. Toro Rosso appealed the decision, but the penalty was upheld.