The meeting between the Formula 1 teams and the FIA and Bernie Ecclestone failed to reach any agreement on Friday. Things were not helped by the fact that FOTA chairman Luca di Montezemolo was not present because of the death of his father. Ferrari was thus represented by team principal Stefano Domenicali. While the meeting was taking place word was received from France that Ferrari had applied for an injunction to stop the FIA from instituting its 2010 Technical Regulations. The arguments for this are apparently based on a deal that was struck between Ferrari, the FIA and Formula One Management in January 2005.
At the time an announcement was made, in which it was said that "the FIA, Formula One Management and Ferrari have agreed to prolong the Concorde Agreement for the period 2008 to 2012" and quoted Max Mosley, Bernie Ecclestone and Luca di Montezemolo all saying that the agreement would stabilise Formula 1.
The details of this agreement have never been made public but it seems that it included not only a substantial payment each year to Ferrari, but also a veto on the technical regulations in the future. According to our sources, the document even stated that if the new agreement was not validated by all the other teams, the old Concorde Agreement would prevail. If that is the case, therefore, Max Mosley does not have the right to make any rules and regulations without the Formula 1 Commission being involved. This body has not met for several years.
Whatever the details, Ferrari lawyers must believe that they have a good case.
We hear that Mosley was conciliatory in the course of the meeting saying that he would raise the budget cap and introduce a glide path if it was deemed necessary, but he was then faced with Ferrari and Toyota both insisting that the 2010 technical regulations be cancelled in their entirety because the FIA had not followed the procedures necessary. This clearly suggests that the two manufacturers have decided to go on to the offensive, with the aim of stopping the FIA acting unilaterally and so that they can stay in the World Championship.
The meeting broke up when it became clear that the legal action had been started.