European Communities and certain Member States - Measures Affecting Trade in Large Civil Aircraft - AB-2010-1 - Report of the Appellate Body
- The Appellate Body
- 2011/05/31
- 已被閱讀 1309次
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World Trade
Organization WT/DS316/AB/R
18 May 2011 (11-2462) Original: English
EUROPEAN COMMUNITIES AND CERTAIN MEMBER STATES – MEASURES AFFECTING TRADE IN LARGE CIVIL AIRCRAFT
AB-2010-1
Report of the Appellate Body
I. Introduction 1
A. The United States' Claims before the Panel 4
B. The Panel's Findings 5
C. Appellate Proceedings 11
II. Arguments of the Participants and the Third Participants 16
A. Claims of Error by the European Union – Appellant 16
1. The Panel's Terms of Reference 16
(a) The Spanish PROFIT programme 16
(b) The French R&TD grants 18
2. The Temporal Scope of Article 5 of the SCM Agreement 20
3. The Life of a Subsidy and Intervening Events 25
(a) Whether the Panel erred in its interpretation and application of Articles 1, 5, and 6 of the SCM Agreement 25
(b) Whether the Panel erred in its interpretation and application of the "privatization" case law 28
(c) Whether