Surely it was alleged that they used Massa in a test, just before a GP at the same circuit, actually 'did their own thing' for a while during the test and (my favorite) actually booked and paid for the test facilities.
Therefore as they were not on trial with Merc, and Mercs 'mistake' was of a different flavour, this would be a new chance for the FIA to actually win at the tribunal, which they should want if, as they stated, sending Mercs case was in the interest of sporting fairness to the other teams.
I think the rules on testing are different though, when using a 2 year old car that is also substantially different.
Ferrari might be able to come up with very clear arguments as to why it is within the rules, they might even have got the FIAs permission before hand beyond phonecalls, or well, all this stuff we heard might just be nonsense.
Like I said, surely the best judge is how the other teams react, they have the expertise and inclination to chase if something is wrong.
There may be very little chance for the FIA to win at this one.
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22.1 Track testing shall be considered any track running time not part of an Event undertaken by a competitor entered in the Championship, using cars which conform substantially with the current Formula One Technical Regulations in addition to those from the previous or subsequent year. The only exception is that each competitor is permitted up to eight promotional events, carried out using tyres provided specifically for this purpose by the appointed supplier, to a maximum distance of 100kms per event.
http://www.formula1.com/inside_f1/rules ... 3/fia.htmlSo it's only "testing" if using a car that is older than 2 years which doesn't conform substantially to the current f1 regulations, Mercedes argue Ferrari's car when they tested this year was legal, and the FIA already looked at that car and test, and seemed sissified too.
So well, all these other rules, it seems, perhaps only apply to "track testing", which Ferrari have a case that well, they didn't do.
Thinking about it, I'm not sure about what I just said above (it's well, accuracy), can you guys quote the regulations you are saying Ferrari breached?