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Report of the Appellate Body

from European Communities and Certain Member States - Measures Affecting Trade in Large Civil Aircraft (WT/DS316)

Published online by Cambridge University Press:  13 December 2017

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Summary

INTRODUCTION

1. The European Union and the United States each appeals certain issues of law and legal interpretations developed in the Panel Report, European Communities and Certain Member States – Measures Affecting Trade in Large Civil Aircraft (the “Panel Report”). The Panel was established, on 20 July 2005, to consider a complaint by the United States that a series of measures adopted by the European Communities and certain EC member States constituted subsidies to the Airbus companies for the development of large civil aircraft (“LCA”) and were inconsistent with the Agreement on Subsidies and Countervailing Measures (the “SCM Agreement”). The measures at issue that were the subject of the United States’ claims before the Panel include:

  • (a) “launch aid” or “member State financing” (“LA/MSF”): the provision of financing by the Governments of France, Germany, Spain, and the United Kingdom (hereinafter, the “member States”) to Airbus for the purpose of developing the following LCA—the A300, A310, A320, A330/A340 (including the A330-200 and A340-500/600 variants), A350, and A380;

  • (b) loans from the European Investment Bank (the “EIB”): 12 loans provided by the EIB to Airbus companies between 1988 and 2002 for LCA design, development, and other purposes;

  • […]

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    Publisher: Cambridge University Press
    Print publication year: 2013

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