Mercedes will go before the FIA International Tribunal but not Ferrari

Following the revelation of tire testing conducted by Pirelli and Mercedes in the aftermath of the Spanish Grand Prix, Ferrari and Red Bull protested during the Monaco Grand Prix. The matter was referred by the stewards present in the Principality to the FIA.

The International Automobile Federation has decided to launch an investigation into Mercedes as well as Scuderia Ferrari, which also conducted a tire testing session in Spain.

Following the information provided by Pirelli, Mercedes, and Ferrari, the FIA has decided to bring the German team before the FIA International Tribunal, as explained in a statement: « The President of the FIA, acting as the prosecution body of the FIA, has decided to bring the case concerning a tire testing session conducted by Pirelli and the Mercedes AMG Petronas F1 team in Barcelona from May 15 to 17, 2013, before the FIA International Tribunal because the investigation suggests that the conditions of this testing might constitute a violation of the current FIA regulations. The FIA International Tribunal is called upon to make a decision in compliance with the judicial and disciplinary rules of the FIA. »

The team could thus be sanctioned for using a current year’s single-seater. Pirelli has recently spoken on this point in a statement, confirming that this aspect was negotiated directly between the FIA and Mercedes: « The Barcelona tests were conducted in cooperation with Mercedes between May 15 and 17, 2013. The teams provided a car and two drivers, alternating each day at the wheel. The tests were carried out with a base compound not used this season, and 12 different structures never used in 2013, only one of which was in Kevlar. The team did not gain any advantage in terms of knowledge about the behavior of the tires used in this championship.

The type of car used during these tests was the subject of a discussion between Mercedes and the FIA, as evidenced by an exchange of emails between the team and Pirelli. In particular, Mercedes informed Pirelli that a 2011 car could not be used and that it had already been decided with the FIA to use a 2013 F1. There is no doubt that issues related to the vehicle were exclusively the team’s domain, and Pirelli was excluded from these matters (apart from having explained from a technical point of view that it was necessary to have a car representative of the impact of performance on the tires).

For Ferrari, which conducted tire tests with Pirelli on April 23 and 24 in Barcelona, it will not be sanctioned, as specified by the FIA in its statement: « The FIA President, acting as the FIA’s prosecuting body, has decided to close the case concerning Scuderia Ferrari by taking into account that its participation in tire tests organized by Pirelli in Barcelona on April 23 and 24, 2013, using a 2011 single-seater for this purpose, is not deemed to be in violation of the existing FIA rules. »

Following this announcement, the Mercedes team reacted in a statement, welcoming the opportunity to express itself on these tire tests: « Mercedes-Benz acknowledges the FIA’s decision to bring the matter of the Pirelli tests before the International Tribunal. We welcome the opportunity to fully explain ourselves on these tests with Pirelli in an open and transparent manner at the International Tribunal. Sporting integrity is of paramount importance to Mercedes-Benz, and we have the utmost confidence in the FIA’s process. »

The functioning of the FIA International Tribunal

The FIA also took advantage of this announcement to publish a statement explaining the workings of the International Tribunal:

« What is the FIA International Tribunal?

The FIA International Tribunal was adopted in 2010 by the FIA General Assembly and exercises disciplinary power in the first instance for all cases, whether they have been handled by stewards or not.

Who sits on the FIA International Tribunal?

The FIA International Tribunal is composed of 12 members, who are recommended by the FIA Judicial Nomination Committee and then elected by the FIA General Assembly.

How is the jury composed?

For each case, the President of the International Tribunal appoints a jury, composed of at least three members, from among the members of the International Tribunal. One of them is appointed as the President of the Hearing. No member of the jury can have the same nationality as any of the parties involved in the case.

For what reasons can the International Court be convened?

The President of the FIA, acting as the FIA’s prosecuting body, may conduct an investigation into the actions or behavior of a person under the FIA’s jurisdiction and suspected of having committed one of the offenses outlined in the FIA’s judicial and disciplinary rules (Article 8.2). Following the investigation, the President of the FIA may prepare an investigation report and decide to close the case or bring the matter before the International Tribunal in order to make a decision in accordance with the FIA’s judicial and disciplinary rules.

What is the timeline for the procedure?

When the prosecuting body has decided to bring the case before the International Tribunal, a notification of charges is sent to the parties being prosecuted. The Presiding Judge must set a schedule for the hearing. In the case of justified urgency, especially concerning sports competitions, the parties may request an expedited procedure. The Presiding Judge may decide to shorten the schedule.

What are the different offenses?

Persons having contravened the statutes and regulations of the FIA, as well as the International Sporting Code.

What sanctions can be imposed by the International Tribunal?

The International Tribunal can impose fines, bans, and/or sanctions provided by the FIA International Sporting Code (Article 153).

When will the decision be announced?

After the close of the hearing, the President of the Hearing will announce the probable date and time of the decision’s announcement. The notification of the decision specifies that the parties may appeal the decision before the FIA International Court of Appeal (ICA).

Who can appeal to the CAI?

The President of the FIA and the parties prosecuted.