Ferrari
If you are referring to Ferrari using team orders - they were fined the maximum US$100k, for their infringment. They were punished.
RBR
There is indeed a rule stipulating the degree of wing flex, however, teams will always flirt with the edge of the rules. You understand this. Teams understand this. The FIA understands this. It is therefore up to the FIA to intervene when they see that things have gone too far.
Teams MUST flirt with boundaries of the rules to gain an advantage on the opposition. For you to say that the rules state, X, Y and Z, therefore we will build a car which safely complies with this, is wrong, simply because this would mean that your car will be slow.
I'm presuming that RBR must've first built a flexi wing with less flex. No body noticed. They probably built V2.0 with more flex. This time, people noticed and the FIA increased the load test. RBR then probably built V3.0, which passes the new test. There is nothing wrong with this. RBR are merely pushing the boundaries of rules. This is quite normal. Once the FIA feel that RBR have gone too far, they will have a word with them and "ask" them to ensure that their wing doesn't flex. If RBR do not comply, then the FIA will take more stringent action. This is usually how things work.
A few GPs ago, Ferrari brought a new wing. FIA had a word with them. Ferrari complied and the subject was dead and buried. There is nothing wrong with a team creating a car which is flirting with the edge of what is legal/illegal.
The FIA are the people who make and enforce the rules. Not AcidHell, sunama or any body else. They decide whether a car is legal or not, regardless of what is written in the rule book. If the FIA deem it necessary, they can even re-write the rule book mid season
At present, the RBR car is 100% legal. Not because I say so. Not because the rule book says so. But because the FIA say so.