Skip to main content Accessibility help
×
Home
Hostname: page-component-6c8bd87754-clkrv Total loading time: 0.425 Render date: 2022-01-21T00:07:59.156Z Has data issue: true Feature Flags: { "shouldUseShareProductTool": true, "shouldUseHypothesis": true, "isUnsiloEnabled": true, "metricsAbstractViews": false, "figures": true, "newCiteModal": false, "newCitedByModal": true, "newEcommerce": true, "newUsageEvents": true }

5 - The Boeing–Airbus Dispute: A Case for the Application of the European Community State Aid Rules?

Published online by Cambridge University Press:  03 May 2010

Kyle W. Bagwell
Affiliation:
Stanford University, California
George A. Bermann
Affiliation:
Columbia University, New York
Petros C. Mavroidis
Affiliation:
Columbia University, New York
Get access

Summary

Introduction

World Trade Organization (WTO) rules do not require that local remedies be exhausted before a complaint can be brought before the Dispute Settlement Body (DSB). Nevertheless it may be interesting to ponder whether it would be possible, or have been possible at an appropriate moment, for Boeing, or one of its subsidiaries, to bring a complaint with the European Community (EC) Commission alleging the granting of incompatible state aid by EC member states. To answer this question, it is necessary to discuss the relevant EC state aid rules. In addition, it will also be interesting to see whether the EC Commission has ever taken any action against individual state measures granting aid to the Airbus companies or one of its subsidiaries or suppliers. These rules will be described in the second section of this chapter.

The analysis of the compatibility of state aid measures normally can be properly undertaken only if we have a thorough knowledge of the company structure of Boeing; in particular, we want to know whether Boeing has subsidiaries or important suppliers in the EC (this seems likely). The following quote from the front page of Boeing's Web site illustrates this point:

Headquartered in Chicago, Illinois, U.S.A., Boeing employs more than 155,000 people in some 67 countries. This represents one of the most diverse, talented and innovative workforces anywhere. More than 83,800 of our people hold college degrees – including nearly 29,000 advanced degrees – in virtually every business and technical field from approximately 2,800 colleges and universities worldwide. […]

Type
Chapter
Information
Publisher: Cambridge University Press
Print publication year: 2009

Access options

Get access to the full version of this content by using one of the access options below. (Log in options will check for institutional or personal access. Content may require purchase if you do not have access.)

References

Meier-Kaienburg, N., “The WTO's ‘Toughest’ Case: An Examination of the Effectiveness of the WTO Dispute Resolution Procedure in the Airbus-Boeing Dispute Over Aircraft Subsidies,” 71 J Air Law Commerce 2006, 191, 226–231Google Scholar
Soltesz, U., “The New Commission Guidelines on State Aid for Airports – A Step Too Far…,” European State Aid Law Quarterly 2006, 719, 721Google Scholar
Bovis, C.H., “The Application of State Aid Rules to the European Union Transport Sectors,” 11 Columbia Journal of European Law 2005, 557, 583Google Scholar
Muller, M.N., “State Aid to the Aviation Sector,” in Rydelski, M.S. (Ed.), The EC State Aid Regime: Distortive Effects of State Aid on Competition and Trade (2006), 423, 437. Cameron-May, LondonGoogle Scholar
Muller, M.N., “The Community Framework for State Aid for Research and Development,” in Bilal, S. and Nicolaides, P. (Eds.), Understanding State Aid Policy in the European Community (1999), 101, 106. Kluwer Law International, The HagueGoogle Scholar
Parish, , “On the Private Investor Principle28 European Law Review 2003, 70Google Scholar

Send book to Kindle

To send this book to your Kindle, first ensure no-reply@cambridge.org is added to your Approved Personal Document E-mail List under your Personal Document Settings on the Manage Your Content and Devices page of your Amazon account. Then enter the ‘name’ part of your Kindle email address below. Find out more about sending to your Kindle.

Note you can select to send to either the @free.kindle.com or @kindle.com variations. ‘@free.kindle.com’ emails are free but can only be sent to your device when it is connected to wi-fi. ‘@kindle.com’ emails can be delivered even when you are not connected to wi-fi, but note that service fees apply.

Find out more about the Kindle Personal Document Service.

Available formats
×

Send book to Dropbox

To send content items to your account, please confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account. Find out more about sending content to Dropbox.

Available formats
×

Send book to Google Drive

To send content items to your account, please confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account. Find out more about sending content to Google Drive.

Available formats
×