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Ah, but the wing IS located above the reference plain. The fact it bends down under the huge loads of downforce is irrelevent to the rules
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But the rules say "under any circumstances" not, "when stationary". So why is one circumstance where the bodywork is lower than the reference plane irrelevant?
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So is it not possible that while the car is driving down the straight at 18000rpm the capacity is not exceeding 2.4L by at least a small margain?
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I suppose! I wouldn't know on that one. I would imagine the difficulty there would come in proving it, I don't know if the FIA has another test for that. Perhaps that's an area where you may be able to contravene the rules but get away with it because it is unenforceable. Such is life!