The WTO ruling is a big win for Boeing

Geneva (AFP) - The European Union has failed to stop its illegal subsidies for Airbus, the World Trade Organization said Tuesday, in a major victory for the United States and its national aviation giant, Boeing.

The decision by the appellate division of the WTO’s Dispute Settlement Body is not subject to appeal and clears the way for the US to seek billions of dollars in retaliatory tariffs against European exports.

The decision marks a milestone in a case that has dragged on for more than a decade.

Boeing said the victory secured on its behalf by the US trade office could see the EU slapped with “the largest-ever WTO authorisation of retaliatory tariffs”.

In a statement, the Chicago-based firm said those tariffs could amount to $22 billion (18.6 billion euros), equivalent to the amount in illegal subsidies that Airbus has received from the EU, according to Boeing’s tally.

“Today’s final ruling sends a clear message: disregard for the rules and illegal subsidies are not tolerated,” Boeing said.

- Counter claims -

But, as always in the epic legal battle between the aviation industry’s two main powerhouses, the situation is never quite so clear cut.

First, the US must ask the WTO to approve specific retaliations against EU products. Brussels will be able to challenge that decision.

The EU also sought to portray itself as a victor of sorts following Tuesday’s ruling – another standard move in the Airbus-Boeing legal showdown.

EU Trade Commissioner Cecilia Malmstrom pointed out that the ruling dismissed several US claims regarding the damage suffered by Boeing, noting this could impact the level of retaliation approved by the WTO.

But Malmstrom conceded that the ruling had put the onus on the bloc to change its practices in regards to Airbus.

“The EU will now take swift action to bring itself into line with WTO rules as regards its remaining obligations,” she said in a statement.

The original dispute dates to 2004, when the US argued that the support offered to Airbus by the EU as well as the governments of Britain, France, Germany and Spain breached WTO rules.

In 2011, the WTO ordered Brussels and those countries to withdraw certain support and subsidy programmes.

The EU appealed against that decision in 2016, but was handed a definitive defeat on Tuesday.