Decision will due tomorrow!!!
http://en.espnf1.com/fia/motorsport/story/111851.html
Quote:
The FIA's International Tribunal will deliver a decision on the Mercedes tyre test by Friday.
In a day-long hearing, the FIA, Mercedes and Pirelli were all able to state their cases in front of a panel of judges at the first ever International Tribunal. The FIA said it had not given approval for the test to take place following an "informal" approach, and that Charlie Whiting's approval is not sufficient as it is only his opinion.
The FIA also claimed that in carrying out the test both Mercedes and Pirelli had acted in a manner prejudicial to the interests of the 2013 Formula One season and to the interests of motor sport generally, therefore breaching article 151c of the International Sporting Code.
In defence, Mercedes said it received permission from Whiting following consultation with the FIA's legal team and that it has no case to answer as the test was undertaken by Pirelli. It also referenced Ferrari's tyre test prior to the Spanish Grand Prix, saying that the 2011 car used in that test still largely conforms to 2013 regulations and that Ferrari booked and paid for the circuit itself, meaning that if Mercedes has breached article 151c then so has Ferrari.
Paul Harris QC - representing Mercedes - said the team twice rang Whiting to ensure it would not be in breach of regulation 22 of the Sporting Regulations, which relates to in-season testing, and added: "We did everything we thought reasonable and within our power to obtain the relevant and proper consent - and we thought we got it."
In the afternoon, Pirelli declared its surprise at being summoned and said it can't be sanctioned by the FIA as it is not an FIA license holder, citing the 2008 Crashgate scandal is a similar example. Pirelli also claimed it did not ask Mercedes to use a 2013 car, and said an email from March 2012 proved that it had offered all teams the chance to carry out 1000km track testing.
At the end of the hearing Mercedes claimed it should receive no more than a reprimand if it is to be punished, and offered to skip the Young Driver Test at Silverstone in order to prevent gaining an advantage over its rivals.
A decision will be announced by Friday.
|
http://blogs.espnf1.com/The_Inside_L...e_tribunal.php
Quote:
The FIA International Tribunal was certainly an interesting way to spend a day, even if a lot of the deliberations sounded like re-rehashing of the same old points.
First, the FIA took to the stage – so to speak – outlining their case against Mercedes and Pirelli. Then lawyers for both defendants had their chance to put their cases forward, arguing that the ‘secret Barcelona test’ had – as far as they were aware at the time – complied fully with the FIA rulebook.
At the time of typing, no decision has yet been made public, and no decision is expected until Friday.
But from where I’m sitting (the Salle de Commissaires at the FIA headquarters, if you’re wondering), it looks like it will be very difficult for the Tribunal to issue either Pirelli or Mercedes with more than slaps on the wrist.
Whatever the official procedure for establishing whether or not something is legal in the Sporting Regulations, the accepted procedure has long been that the questioning party check with Charlie Whiting, who then refers the question to the FIA’s legal department should he think it necessary to do so.
According to the Mercedes lawyers – and not denied by anyone from the FIA – the Brackley-based team not only asked Whiting for permission to test with a 2013 car, but that when the race director gave his approval, they then asked for him to confirm the decision with the FIA legal department, which he did.
Both Whiting and Sebastien Bernard gave Mercedes explicit permission to test with a current car. Neither Whiting nor Bernard gave Mercedes any indication that their approval was not good enough, that they needed to put the matter to the World Motor Sport Council before official permission could be presumed.
Given that, how can Mercedes be punished for breaking a rule when it is patently clear that they took every step they thought necessary to ensure legality? As Paul Harris QC said in his closing statement to the Tribunal, Mercedes would not have gone ahead with the test had they been given the slightest indication from the FIA that to do so would get them in any sort of trouble.
It’s a pretty convincing argument…
|