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If I am not mistaken there are logs from the Ferrari test and proof that Ferrari paid for the track rental which supports Merc's claim. I am not stating that it was illegal just that it was a Ferrari test as opposed to a Pirelli test.
I disagree that a precedent has been set. These were a very unusual set of circumstances that are unlikely to be repeated. The whole verdict was greatly influenced by the role that Charlie and Sebastian Bernard played in appearing to give FIA approval for the test.