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FIA tribunal arguments focusing on ‘the code’

Jun 20, 2013, 12:00 PM EDT

Mercedes principal Ross Brawn is seen prior to the hearing at the FIA headquarters in Paris Reuters

As the FIA tribunal surrounding tiregate continues to unfold, the arguments are becoming increasingly heated and passionate, with both Pirelli and Mercedes claiming that they are innocent over the matter. However, just as MotorSportsTalk analyzed the details determining the verdict for the case, such fine points could once again come into play in Paris.

For Mercedes, their argument surrounded the FIA’s sporting regulations which they unquestionably come under. Interestingly, they appeared to pick up on the syntax used; the FIA claim that Mercedes ‘undertook’ the test, whilst Mercedes claim that it was in fact Pirelli who ‘undertook’ the test by asking the team to run at the Circuit de Catalunya. Despite both being in the dock, there appears to be little cohesion or collusion between the two parties – perhaps it is a case of damage limitation? Furthermore, Mercedes argued that Ferrari should be brought back into the investigation, despite the Italian team being acquitted after testing with their 2011 car after the Bahrain Grand Prix.

Pirelli’s argument is also finely poised, with their lawyer claiming: “Pirelli cannot understand the disciplinary action. Pirelli is only acting with the rights it was given by the FIA.

“The claims are unfounded because it has been recognized that Pirelli has not violated the code.”

This ‘code’ that the tire supplier is referring to is the set of FIA Sporting Regulations which all teams must adhere too, but Pirelli’s argument is based on the fact that they do not come under the FIA’s jurisdiction as per the regulations.

A closer look at the regulations suggests a very different story though:

“All drivers, competitors and officials participating in the Championship undertake, on behalf of themselves, their employees, agents and suppliers, to observe all the provisions as supplemented or amended of the International Sporting Code (the Code), the Formula One Technical Regulations (the Technical Regulations) and the present Sporting Regulations together referred to as “the Regulations”.

Pirelli, as a supplier, is therefore required to abide by this code, yet their argument is that they are not under this umbrella.

Interestingly, the example which the Italian tire supplier has chosen to use involves Flavio Briatore’s ban from the sport in the wake of Crashgate in 2009. Briatore was banned from all F1 activities, yet he managed to have this ruling overturned in a Paris court as he was not under the FIA’s jurisdiction, and the Italian supremo now attends many grands prix. The FIA reacted by introducing personnel licenses to the sport, covering this loophole. In this case though, the regulations do seem to be more water-tight.

Similarly, Pirelli and Mercedes are trying to expose flaws in the FIA regulations, and it could well come down to the use of English in making a decision, which is due on Friday after all of the evidence was heard today in Paris.

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