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WTO cases
Cases involving the EU
WT/DS316 - Measures Affecting Trade in Large Civil Aircraft
Last update: 18/07/2011
- Complaint by: United States -
- Complaint against: EU
- Third parties:
Australia - Brazil - Canada - China - Japan - Korea, Republic Of -
Summary of case:
The United States considers that measures of the EC and the Member States provide subsidies that are inconsistent with their obligations under SCM Agreement and the GATT 1994.
The EC filed its first written submission on 9 February 2007. The first meeting of the Panel with the parties took place on 20 and 21 March 2007, the second meeting on 24-26 July 2007. Parts of these meetings were open to the public (see the EC oral statements at these meeting, below). The EC's first and second written submissions (non-confidential versions) are available for download below. The Interim Report was issued to the parties on 4 September 2009 and published on 30 June 2010. On 21 July 2010 EU has appealed to the Appellate Body certain legal issues and legal interpretations developed by the panel. Two extensive oral hearings are held in November (11-17 November) and in December (9-14 December) 2010 followed by the AB report issued to the parties on 2 May 2011 and circulated to all WTO Members on 18 May 2011. DSB has adopted both reports on its meeting on 1 June 2011.
Relevant WTO provision:
SCM (3.1(a), 3.2, 5(a), 5(c), 6.3(a), 6.3(b), 6.3(c), 6.4); GATT (XVI:1)
Current situation:
At its meeting on 1 June 2011, the Dispute Settlement Body adopted the Appellate Body report on European Communities and Certain Member States – Measures Affecting Trade in Large Civil Aircraft (WT/DS316/AB/R) and the Panel report (WT/DS316/R), as modified by the Appellate Body report.
Consultation:
Date of request: 12/10/2004
Panel:
Date of request: 31/05/2005
Date of establishment: 20/07/2005
Date of circulation of report: 30/06/2010
Appeal:
Date of request: 21/07/2010
Date of circulation of report: 18/05/2011
Date of adoption - panel/AB report:
01/06/2011
WTO documents
- 12/10/2004 - Request for consultations by the US
- 03/06/2005 - Request for the establishment of a panel by the United States
- 05/10/2005 - Communication from Japan
- 25/10/2005 - Note by the Secretariat
- 07/02/2006 - Request for Consultations by the United States - Addendum
- 11/04/2006 - Request by the United States for a Decision of the Dispute Settlement Body
- 11/04/2006 - Request for the Establishment of a Panel by the United States
- 13/04/2006 - Communication from the Chairman of the Panel
- 15/05/2006 - Communication from the United States - Answers to Questions from Brazil
- 20/07/2006 - Communication from the United States - Answers to Questions from Brazil - Addendum
- 20/07/2006 - Request by the United States for a Decision of the Dispute Settlement Body - Addendum
- 20/07/2006 - Request for Consultations by the United States - Addendum
- 20/07/2006 - Request for the Establishment of a Panel by the United States - Addendum
- 14/12/2007 - Communication from the Chairman of the Panel
- 20/10/2008 - Communication from the Chairman of the Panel
- 07/12/2009 - Communication from the Chairman of the Panel
- 30/06/2010 - Report of the Panel
- 23/07/2010 - Notification of an Appeal by the European Union
- 17/08/2010 - Revision to the Notification of an Appeal by the European Union
- 20/08/2010 - Notification of an Other Appeal by the United States
- 22/09/2010 - Communication from the Appellate Body
- 18/05/2011 - AB-2010-1 - Report of the Appellate Body
- 18/05/2011 - Communication from the Appellate Body
- 06/06/2011 - Appellate Body Report and Panel Report, Action by the Dispute Settlement Body
- 05/12/2011 - Communication from the European Union
- 12/12/2011 - Recourse to Article 7.9 of the SCM Agreement and Article 22.2 of the DSU by the United States
- 14/12/2011 - Recourse to Article 21.5 of the DSU by the United States. Request for Consultations
- 13/01/2012 - Recourse to article 22.6 of the DSU by the European Union - Constitution of the Arbitrator - Note by the Secretariat
- 17/01/2012 - Understanding between the European Union and the United States Regarding Procedures under Articles 21 and 22 of the DSU
- 02/02/2012 - Recourse to Article 22.6 of the DSU by the United States
- 13/02/2012 - Recourse to Article 21.5 of the DSU by the United States, Communication from the Secretariat, Corrigendum
- 03/04/2012 - Recourse to article 21.5 of the DSU by the United States, Request for the Establishment of a Panel
- 25/04/2012 - Recourse to article 21.5 of the DSU by the United States, Constitution of the Panel - Note by the Secretariat
- 14/08/2012 - Recourse to article 21.5 of the DSU by the United States - Communication from the panel
EU submissions
- 09/02/2007 - First Written Submission by the European Communities (non-confidential version as of 05/04/2007)
- 09/02/2007 - Executive Summary of the First Written Submission by the European Communities (as delivered 19/02/2007)
- 20/03/2007 - EC first oral statement (as delivered)
- 20/03/2007 - Executive summary of the Oral Statement of the European Communities to the First Meeting of the Panel
- 21/03/2007 - Executive summary of the Closing Statement of the European Communities to the First Meeting of the Panel (as delivered 16/04/2007)
- 25/05/2007 - Second Written Submission by the European Communities (non-confidential version as of 28 June 2007)
- 25/05/2007 - Executive summary of the Second Written Submission by the European Communities (as delivered 5 June 2007)
- 25/07/2007 - Oral Statement of the EC to the Second Meeting of the Panel (as delivered)
- 26/07/2007 - Executive summary of the Oral Statement of the EC to the Second Meeting of the Panel (as delivered 06/08/2007)
- 26/07/2007 - Executive summary of the Closing Statement of the EC to the Second Meeting of the Panel (as delivered 06/08/2007)
- 21/07/2010 - EU Notice of Appeal
- 11/11/2010 - Opening Statement of the EU at the First Hearing before the Appellate Body
- 26/11/2010 - Closing Memorandum of the European Union following the First Hearing
- 01/12/2010 - Comments of the European Union on Closing Memoranda following the First Hearing
- 09/12/2010 - Opening Statement of the European Union at the Second Hearing before the Appelate Body
- 14/12/2010 - Closing Statement of the EU following the Second Hearing before the Appelate Body
- 01/12/2011 - EU Compliance Report to WTO Dispute Settlement Body in DS316
- 16/04/2013 - Recourse to Article 21.5 of the DSU by the United States.Opening Statement of the European Union
- 18/04/2013 - Recourse to Article 21.5 of the DSU by the United States. Closing Statement of the European Union
Other information
- 06/10/2004 - EU – US Agreement on Large Civil Aircraft 1992: key facts and figures
- 08/10/2004 - US-Boeing: EU rejects US unilateral abrogation of the 92 aircraft agreement
- 15/12/2004 - Trade Commissioner on fact-finding visit to Airbus
- 11/01/2005 - EU/US Agreement on Terms for Negotiation to end Subsidies for Large Civil Aircraft: Questions & Answers
- 11/01/2005 - EU/US Agreement on Terms for Negotiation to end Subsidies for Large Civil Aircraft: The Agreement
- 11/01/2005 - EU/US Agreement on Terms for Negotiation to end Subsidies for Large Civil Aircraft: the Press release
- 18/01/2005 - Mandelson wants 'early progress' in EU-US aircraft negotiations
- 09/02/2007 - EU files first written submission in US WTO case against Airbus supports
- 09/02/2007 - The US WTO challenge to EU support for Airbus (updated 15/06/2007)
- 22/03/2007 - EU files first written submission in EU WTO case against Boeing subsidies
- 15/06/2007 - The EU WTO challenge to US government subsidies to Boeing (updated 15/06/2007)
- 24/07/2007 - The WTO Boeing-Airbus dispute (updated 23 July 2007 - includes an update on recent exchange of EU/US arguments)
- 14/09/2010 - Background fact sheet -WTO dispute on Large Civil Aircraft subsidies
- 14/09/2010 - Support to Boeing and Airbus, Separating the myths from the facts