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DISPUTE SETTLEMENT: DISPUTE DS353

United States — Measures Affecting Trade in Large Civil Aircraft — Second Complaint


This summary has been prepared by the Secretariat under its own responsibility. The summary is for general information only and is not intended to affect the rights and obligations of Members.

  

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Key facts  back to top

Short title:

Complainant:

Respondent:

Third Parties:

Request for Consultations received:

  

Summary of the dispute to date  back to top

Summary up-to-date at

Panels established by DSB/reports not yet circulated

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.

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