FIA's legal representative Mark Howard QC explains that only the World Motor Sport Council would have the right to waive the rules.
Latest Updates - FIA Court: Mercedes and Pirelli tyre test row judgment to be declared by Friday
"Whether or not Whiting consented, it is irrelevant, because testing in relation to Article 22 is a breach, unless it [a rule change] is granted by the World Motor Sport Council," Howard told Autosport.
"Whiting was asked a general and non-specific question - the general question on the permissibility of using a 2013 car. His preliminary response was that such a test would comply with Article 22 providing purpose was for Pirelli to test its tyre and he would check." He added
Autosport explains that: - Whiting emailed FIA lawyer Sebastian Bernard the following day to enquire about the situation, and was informed that such a scenario could be possible, but would be subject to Pirelli inviting all the others team to test and demonstrate that it has done so. Howard said that Whiting informed Brawn of the FIA's legal position, but reiterated that it was not a binding stance.
"This communication was not an agreement by the FIA - it was nothing more than Whiting and Bernard's interpretation of [article] 22."
The news source said that, the FIA was talked first, before Mercedes and finally Pirelli.
Team boss Ross Brawn, race engineer Andrew Shovlin and team manager Ron Meadows was represents for Mercedes. Pirelli motorsport chief Paul Hembery is representing his company, with Formula 1 race director Charlie Whiting present for the FIA.
Red Bull team boss and Christian Horner and chief engineer Paul Monaghan are both present as observers. Ferrari, McLaren and Williams have all sent legal observers.
