Their point is that Ferrari did all that without the notification the FIA are demanding Mercedes should have sought, included car specific testing, exceeded the 1000km contracted mileage and Ferrari paid for the test. That smells quite badly in itself, regardless of the fact that they used an older car. It's a tactic to highlight double standards in what the FIA have chosen to pursue.
It's not a double standart....the rules specify that you can use a 2011 car as much as you want...a case can be made to what tires Ferrari tested... and did Pirelli offred a test with a 2 year old car to all teams in 2012 ?...They said yes...but then again is Pirelli's problem to give the others a tire test not Ferrari's.
The only reason why Mercedes is in the Tribunal is because of the car and not the tires...no one would have called Mercedes in tribunal if a 2011 car was used.
Edited by Nomore, 20 June 2013 - 20:43.