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Measures Affecting Trade in Large Civil Aircraft — Second Complaint

Key Facts
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Respondent:
Dispute Status:

Complaint by the European Communities.

On 27 June 2005, the European Communities requested consultations with the United States concerning prohibited and actionable subsidies provided to US producers of large civil aircraft. (See also dispute WT/DS317).

The European Communities considers that the measures cited in its request for consulations are inconsistent with:

* Articles 3.1(a), 3.1(b), 3.2, 5(a), 5(c), 6.3(a), 6.3(b) and 6.3(c) of the SCM Agreement; and

* Article III:4 of the GATT 1994.

On 20 January 2006, the European Communities requested the establishment of a panel. Having deferred the establishment of a panel on 2 February 2006, the DSB established a panel at its meeting on 17 February 2006. Australia, Brazil, Canada, China and Japan reserved their third-party rights at the meeting. Subsequently, Korea reserved its third-party rights. On 17 November 2006, the European Communities requested the Director-General to determine the composition of the Panel. On 22 November 2006, Deputy Director-General Alejandro Jara composed the Panel, on behalf of the Director-General.

On 18 May 2007, the Chairman of the Panel informed the DSB that it would not be possible for the Panel to complete its work within six months of the date of composition in light of the substantive and procedural complexities of this dispute. The Panel expected to complete its work in July 2008. On 11 July 2008, the Chairman of the Panel informed the DSB that it now expected to complete its work in 2009.

Panel Proceedings
Brief DateBrief Description
08/21/2009U.S. Comments on the EC's Answers to the Third Set of Questions from the Panel
07/31/2009U.S. Answers to the Third Set of Questions from the Panel
05/05/2008U.S. Comments on the EC's Answers to the Second Set of Questions from the Panel
04/14/2008U.S. Answers to the Second Set of Questions from the Panel
01/16/2008Oral Statement of the United States at the Second Meeting of the Panel with the Parties - Nonconfidential Session (Revised) (pdf)
12/21/2007U.S. Comments on the EC's Answers to the First Set of Questions from the Panel
12/05/2007U.S. Answers to the First Set of Questions from the Panel
11/29/2007Executive Summary of the Second Written Submission of the United States (pdf)
10/05/2007Executive Summary of the Oral Statement of the United States at the First Substantive Meeting of the Panel with the Parties (pdf)
09/27/2007Closing Statement of the United States at the First Substantive Meeting of the Panel with the Parties (pdf)
09/26/2007Oral Statement of the United States at the First Substantive Meeting of the Panel with the Parties (pdf)
07/13/2007Non-BCI Version of the First Written Submission of the United States (pdf)
07/16/2007Executive Summary of the First Written Submission of the United States (pdf)

 

Appeal Proceedings
Brief DateBrief Description
10/11/2011U.S. Oral Statement at the Second Oral Hearing
09/05/2011U.S. Additional Memorandum Following the First Oral Hearing
08/16/2011U.S. Oral Statement at the First Oral Hearing
06/15/2011Appellee Submission of the United States
04/28/2011Other Appellant Submission of the United States


Recourse to Article 21.5 of the DSU by the European Union
Brief DateBrief Description
11/08/2013Executive Summary of the Oral Statement of the United States at the Panel Meeting
10/29/2013Opening Statement of the United States at the Panel Meeting
10/11/2013Non-BCI Version of the Second Written Submission of the United States
07/09/2013Non-BCI Version of the First Written Submission of the United States