- 21 Jun 13, 15:13#363606
The overrun blown diffusers of last year, the rules were clear and yet they were redefined/clarified mid season. This is no different. I understand the case you're making, but it has no legal leg to stand on as is associated with this ruling. There was an advantage gained, and now that advantage was more than lost. So it in fact closes the case.
I didn't say advertised price for a reason. I mention listed price, as in the price listed on the shelf for the item, and the price the bar code registered when scanned. If it was advertised it would have to end that ad and that takes time and I agree the store is stuck selling it for that.
In this case the FiA would have to have in their regulations and "advertisement" of sorts that you may be able to do these tests with a 2013 spec car if... xyz conditions; Likewise for Pirelli's regulations. However It doesn't say that, and the reason we're here is because an FiA lawyer told Charlie that it could be interpreted that way so go ahead and let them. That lawyer was shown to be incorrect in his interpretation. So once the FiA now goes and clarifies the wording of their regulations as they often do in season that door is closed to all other teams. Legally so.
The FiA rules and regs are well advertised, and have a clear period, ie the complete season. Any interpretations, particularly those with implementation aspects are precedents. The fact that there is a mistake would not change the obligation to treat the mistake the same way. Therefore, I think teams like Red Bull could confidently go ahead and require Pirelli to give them the same testing opportunity they gave Mercedes as is well established in the tribunal decision. The teams would also have to accept the same sanctions as Mercedes was given.
However, if a team demands the data from Pirelli (from the Merc test) and gets it then I don't think any team would choose to do the same test.
The overrun blown diffusers of last year, the rules were clear and yet they were redefined/clarified mid season. This is no different. I understand the case you're making, but it has no legal leg to stand on as is associated with this ruling. There was an advantage gained, and now that advantage was more than lost. So it in fact closes the case.
"I don't want to be part of a forum where everyone has differing opinions." Boom...