http://www.auto-motor-und-sport.de/form ... 43854.html
http://www.auto-motor-und-sport.de/form ... 45640.html
Two interesting AMuS articles.
Summary: Bernie thinks the decision of the FIA world motor sport council in December 2010 was not done according to procedure of the Concord Agreement because the Technical Working Group and F1 Commission didn't vote on it and did not submit a proposal to the WMSC. Now he threatens legal action if that step isn't taken restrospectively.
He has called a commission meeting on Wednesday to vote on the issue. According to AMuS, the F1 Commission has following members: Bernie, Todt, 6 team representatives and 5 representatives of the race promoters. AMuS says all promoters are in Bernie's pocket, which I can believe. Ferrari will vote with Bernie, so according to AMuS he needs still one vote from one of the teams.
I don't think that is true because the F1 commission traditionally required a 70% majority to carry a motion. If that is still the case you would need nine votes. Bernie would need three votes from the six teams. If they have lowered the numbers to eight out of thirteen it would still be very much in FOTA's hands. The question is how the six team votes are determined. If they simply take the oldest competing and most successful teams you may have Ferrari, McLaren, Williams, Renault, Red Bull and Mercedes voting. In that case McLaren and Merc may decide the outcome. I doubt that Williams will vote against the FiA (considering their published position) and Red Bull should be interested to keep Renault in F1. If the teams simply stall the motion the issue may be delegated to the civil courts which would create a royal mess.
I don't think that the reported position by Bernie is legally correct either. The FiA WMSC has a right to ask the F1 commission for legislation regarding certain issues of policy. This has been true in all concord agreements. It is well known that the FiA has asked the commission a long time ago to present a plan to cut the fuel consumption of race cars by 50% until 2013. That request has never been actioned by the F1 commission AFAIK. So under the usual CA rules the WMSC would be entitled to implement their own regulation.
One can only speculate and make informed guesses because nobody knows the exact wording of the 2009 CA, but I have the impression that this will come down to FOTA making a decision between FiA and FOM's objectives. In this case Ecclestone is still the guy they will have to fight to get what they want in 2013 and they will need Todt's help to get it.