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fia have issued a statement stating that whereas Pirelli were told they could in principle have a test, there were certain conditions such as all teams being offered the test and that a Pirelli test driver be used. Pirelli never responded to the conditions and other teams were NOT asked. Pirelli have slipped up very badly. they only invited merc with their current drivers, and fia did not have details of the test date etc.
it is difficult to see what penalty could be applied, as the advantage for merc could extend all season. it is considered that the test could be worth up to 1 sec a lap for merc. despite what the deal between merc an Pirelli was, the sporting regs state that any testing can only be in a 2 year old car, and that is the basis for the Ferrari and rbr protest.