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jamal. a car used in a test has to be a car dissimilar to the current car (per sporting regs) this is accepted by all teams (bar merc of course) to be a two year old model. in Ferrari case it was a 2011 car with pushrod front suspension and fully blown diffuser. rbr were asked if they wanted to test a car, and they declined asthey knew it was in breach of what were supposed to be the rules. merc said that they had no 2011 car available, indicating that they knew that it was a supposed to be a 2011 car, but said they could supply a 2013. merc asked Charlie, who tacitly agreed but with conditions that were not met.
that is what the tribunal was about....the use of a 2013 car, in contravention of the rules.