“Whether or not [Charlie] Whiting consented, it is irrelevant, because testing in relation to Article 22 is a breach, unless it [a rule change] is granted by the World Motor Sport Council,” said the FIA’s lawyer, Mark Howard QC, according to Autosport.
“Whiting was asked a general and non-specific question – the general question on the permissibility of using a 2013 car.”
“His preliminary response was that such a test would comply with Article 22 providing purpose was for Pirelli to test its tyre and he would check.”
“There was no attempt whatsoever by Mercedes to involve the other teams in order to ensure that no perception of an advantage was obtained,” continued Howard, “Mercedes acquired further intellectual capital about how it’s car works during the test. Whether or not the team actually gained a performance advantage from that is irrelevant in this instance.”
“This communication was not an agreement by the FIA – it was nothing more than Whiting and Bernard’s interpretation of [article] 22.”