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WTO Dispute Settlement: Current Cases

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European Yearbook of International Economic Law 2012

Part of the book series: European Yearbook of International Economic Law ((EUROYEAR,volume 3))

Abstract

Upon Australia’s appeal, the AB largely confirmed the panel’s findings. This chapter will provide an overview of all WTO dispute settlement decisions.

The views expressed in this article are those of the author and should not in any way be attributed to the German government.

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Notes

  1. 1.

    Krallmann, WTO Dispute Settlement – The Establishment of ‘Binding Guidance’ by the Appellate Body in US Stainless Steel and Recent Dispute Settlement Rulings, in: Herrmann/Terhechte (eds.), European Yearbook of International Economic Law (2011), pp. 417 et seq. (420–429).

  2. 2.

    WT/DS371/7, WT/DS397/6 and WT/DS399/5.

  3. 3.

    WT/L/779; this chapter will therefore refer to the EU unless the reference to EC is part of the official name of a case.

  4. 4.

    Report of the Panel, European Communities and Certain Member States – Measures Affecting Trade in Large Civil Aircraft, WT/DS316/R, paras. 7.173–7.176.

  5. 5.

    The extensive use of references by way of footnotes referring to the relevant passages of the single reports should enable and encourage the reader to deepen his or her understanding of the decisions by quickly and precisely allowing the reader to find his or her areas of particular interest. Throughout the chapter, language is taken from the respective decisions. Quotes with inverted commas, however, are reserved for special terms and longer quotes.

  6. 6.

    Report of the Panel, Australia – Measures Affecting the Importation of Apples from New Zealand, WT/DS 367/R, para. 2.116.

  7. 7.

    Report of the Panel, Australia – Measures Affecting the Importation of Apples from New Zealand, WT/DS367/R, paras. 2.1, 2.9, 2.21–2.24 and 2.30.

  8. 8.

    Report of the Panel, Australia – Measures Affecting the Importation of Apples from New Zealand, WT/DS367/R, paras. 2.26, 2.45 and 2.63.

  9. 9.

    Report of the Panel, Australia – Measures Affecting the Importation of Apples from New Zealand, WT/DS367/R, para. 2.59.

  10. 10.

    Report of the Panel, Australia – Measures Affecting the Importation of Apples from New Zealand, WT/DS367/R, para. 7.5.

  11. 11.

    Report of the Panel, Australia – Measures Affecting the Importation of Apples from New Zealand, WT/DS367/R, para. 7.13, 7.21. and 7.36.

  12. 12.

    Report of the Panel, Australia – Measures Affecting the Importation of Apples from New Zealand, WT/DS367/R, paras. 7.172 and 7.187.

  13. 13.

    Report of the Panel, Australia – Measures Affecting the Importation of Apples from New Zealand, WT/DS367/R, para. 7.544 for European canker and para. 7.854 for apple leafcurling midge.

  14. 14.

    Report of the Panel, Australia – Measures Affecting the Importation of Apples from New Zealand, WT/DS367/R, para. 7.790.

  15. 15.

    Report of the Panel, Australia – Measures Affecting the Importation of Apples from New Zealand, WT/DS367/R, paras. 7.446–7.448 and 7.471–7.472 for fire blight, 7.747–7.749 for European canker, paras. 7.868–7.871, 7.885 for apple leafcurling midge.

  16. 16.

    Report of the Panel, Australia – Measures Affecting the Importation of Apples from New Zealand, WT/DS367/R, paras. 7.508 and 7.780–7.781; the panel did, however, not side with some of New Zealand’s claims against Australia’s risk assessment like the alleged overestimation of the projected volume of trade, cf. para. 7.507.

  17. 17.

    Report of the Panel, Australia – Measures Affecting the Importation of Apples from New Zealand, WT/DS367/R, para. 7.510 for fire blight, paras. 7.778–7.779 for European canker, paras 7.886–7.887 for apple leafcurling midge. The panel further found in para. 7.905 that general measures which were based on the risk assessment, like orchard inspections, were also in breach of Art. 5 of the SPS Agreement.

  18. 18.

    Report of the Panel, Australia – Measures Affecting the Importation of Apples from New Zealand, WT/DS367/R, para. 7.954 and 7.960.

  19. 19.

    Report of the Panel, Australia – Measures Affecting the Importation of Apples from New Zealand, WT/DS367/R, paras. 7.1043 and 7.1088. Consequentially, there was no violation of Article 2.3 of the SPS Agreement either, para. 7.1095.

  20. 20.

    Report of the Panel, Australia – Measures Affecting the Importation of Apples from New Zealand, WT/DS367/R, para. 7.1098.

  21. 21.

    Report of the Panel, Australia – Measures Affecting the Importation of Apples from New Zealand, WT/DS367/R, para. 7.1266 for fire blight and European canker, para. 7.1364 for apple leafcurling midge. New Zealand failed, however, to establish alternatives for certain general measures, para. 7.1403.

  22. 22.

    New Zealand’s other appeal on a jurisdictional question was partly successful: The AB found that the panel erred in not assessing the New Zealand’s claim under Article 8 of the SPS Agreement and Annex C(1)a but held that Australia did not violate the aforementioned stipulations, cf. Report of the Appellate Body, Australia – Measures Affecting the Importation of Apples from New Zealand, WT/DS367/AB/R, paras. 426 and 441.

  23. 23.

    Report of the Appellate Body, Australia – Measures Affecting the Importation of Apples from New Zealand, WT/DS367/AB/R, paras. 171 and 173.

  24. 24.

    Report of the Appellate Body, Australia – Measures Affecting the Importation of Apples from New Zealand, WT/DS367/AB/R, paras. 181 and 183.

  25. 25.

    Report of the Appellate Body, Australia – Measures Affecting the Importation of Apples from New Zealand, WT/DS367/AB/R, para. 261.

  26. 26.

    Report of the Appellate Body, Australia – Measures Affecting the Importation of Apples from New Zealand, WT/DS367/AB/R, paras. 207–208.

  27. 27.

    Report of the Appellate Body, Australia – Measures Affecting the Importation of Apples from New Zealand, WT/DS367/AB/R, paras. 214 and 220.

  28. 28.

    Report of the Appellate Body, Australia – Measures Affecting the Importation of Apples from New Zealand, WT/DS367/AB/R, paras. 230 and 248.

  29. 29.

    Report of the Appellate Body, Australia – Measures Affecting the Importation of Apples from New Zealand, WT/DS367/AB/R, paras. 258–259.

  30. 30.

    Report of the Appellate Body, Australia – Measures Affecting the Importation of Apples from New Zealand, WT/DS367/AB/R, para. 359; the Appellate Body tried to complete the legal analysis with the correct legal standard on the basis of uncontested facts before it but could not do so, cf. paras. 385 and 402.

  31. 31.

    Report of the Panel, United States – Definitive Anti-Dumping and Countervailing Duties on Certain Products from China, WT/DS379/R, paras. 2.1–2.18.

  32. 32.

    Report of the Panel, United States – Definitive Anti-Dumping and Countervailing Duties on Certain Products from China, WT/DS379/R, para. 9.30.

  33. 33.

    Report of the Panel, United States – Definitive Anti-Dumping and Countervailing Duties on Certain Products from China, WT/DS379/R, paras. 8.94, 8.79 and 8.67.

  34. 34.

    Report of the Panel, United States – Definitive Anti-Dumping and Countervailing Duties on Certain Products from China, WT/DS379/R, para. 8.73.

  35. 35.

    Report of the Panel, United States – Definitive Anti-Dumping and Countervailing Duties on Certain Products from China, WT/DS379/R, para. 8.82.

  36. 36.

    Report of the Panel, United States – Definitive Anti-Dumping and Countervailing Duties on Certain Products from China, WT/DS379/R, paras. 8.138 and 8.143.

  37. 37.

    Report of the Panel, United States – Definitive Anti-Dumping and Countervailing Duties on Certain Products from China, WT/DS379/R, para. 9.33.

  38. 38.

    Report of the Panel, United States – Definitive Anti-Dumping and Countervailing Duties on Certain Products from China, WT/DS379/R, para. 9.42.

  39. 39.

    Report of the Panel, United States – Definitive Anti-Dumping and Countervailing Duties on Certain Products from China, WT/DS379/R, paras. 9.95 and 9.105–9.107.

  40. 40.

    Report of the Panel, United States – Definitive Anti-Dumping and Countervailing Duties on Certain Products from China, WT/DS379/R, paras. 10.84–10.85.

  41. 41.

    Report of the Panel, United States – Definitive Anti-Dumping and Countervailing Duties on Certain Products from China, WT/DS379/R, paras. 10.105 and 10.107.

  42. 42.

    Report of the Panel, United States – Definitive Anti-Dumping and Countervailing Duties on Certain Products from China, WT/DS379/R, para. 10.112.

  43. 43.

    Report of the Panel, United States – Definitive Anti-Dumping and Countervailing Duties on Certain Products from China, WT/DS379/R, para. 10.120.

  44. 44.

    Report of the Panel, United States – Definitive Anti-Dumping and Countervailing Duties on Certain Products from China, WT/DS379/R, paras. 10.107–10.113.

  45. 45.

    Report of the Panel, United States – Definitive Anti-Dumping and Countervailing Duties on Certain Products from China, WT/DS379/R, para. 10.117.

  46. 46.

    Report of the Panel, United States – Definitive Anti-Dumping and Countervailing Duties on Certain Products from China, WT/DS379/R, paras. 10.120–10.121.

  47. 47.

    Report of the Panel, United States – Definitive Anti-Dumping and Countervailing Duties on Certain Products from China, WT/DS379/R, paras. 10.147–10.148.

  48. 48.

    Report of the Panel, United States – Definitive Anti-Dumping and Countervailing Duties on Certain Products from China, WT/DS379/R, paras. 12.52, 12.57 and 12.58.

  49. 49.

    Report of the Panel, United States – Definitive Anti-Dumping and Countervailing Duties on Certain Products from China, WT/DS379/R, para. 12.31.

  50. 50.

    Report of the Panel, United States – Definitive Anti-Dumping and Countervailing Duties on Certain Products from China, WT/DS379/R, paras. 14.36, 14.39 and 14.43.

  51. 51.

    Report of the Panel, United States – Definitive Anti-Dumping and Countervailing Duties on Certain Products from China, WT/DS379/R, paras. 14.70–14.71.

  52. 52.

    Report of the Panel, United States – Definitive Anti-Dumping and Countervailing Duties on Certain Products from China, WT/DS379/R, para. 14.110.

  53. 53.

    Report of the Panel, United States – Definitive Anti-Dumping and Countervailing Duties on Certain Products from China, WT/DS379/R, para. 14.112.

  54. 54.

    Report of the Panel, United States – Definitive Anti-Dumping and Countervailing Duties on Certain Products from China, WT/DS379/R, paras. 14.116–14.118.

  55. 55.

    Report of the Panel, Thailand – Customs and Fiscal Measures on Cigarettes from the Philippines, WT/DS371/R, paras. 7.77–7.78.

  56. 56.

    Report of the Panel, Thailand – Customs and Fiscal Measures on Cigarettes from the Philippines, WT/DS371/R, paras. 7.1–7.4.

  57. 57.

    Report of the Panel, Thailand – Customs and Fiscal Measures on Cigarettes from the Philippines, WT/DS371/R, para. 7.585.

  58. 58.

    The first case that dealt with the Customs Valuation Agreement was the Panel Columbia – Ports of entry. For a short overview, cf., Krallmann, WTO Dispute Settlement – The Establishment of ‘Binding Guidance’ by the Appellate Body in US Stainless Steel and Recent Dispute Settlement Rulings, in: Herrmann/Terhechte (eds.), European Yearbook of International Economic Law (2011), pp. 417 et seq. (436–438).

  59. 59.

    Report of the Panel, Thailand – Customs and Fiscal Measures on Cigarettes from the Philippines, WT/DS371/R, para. 7.154

  60. 60.

    Report of the Panel, Thailand – Customs and Fiscal Measures on Cigarettes from the Philippines, WT/DS371/R, paras. 7.171–7.172.

  61. 61.

    Report of the Panel, Thailand – Customs and Fiscal Measures on Cigarettes from the Philippines, WT/DS371/R, para. 7.195.

  62. 62.

    Report of the Panel, Thailand – Customs and Fiscal Measures on Cigarettes from the Philippines, WT/DS371/R, paras. 7.223 and 7.266.

  63. 63.

    Report of the Panel, Thailand – Customs and Fiscal Measures on Cigarettes from the Philippines, WT/DS371/R, paras. 7.332 and 7.365. Cf., for the violation of Article 7.3 of the Customs Valuation Agreement, para. 7.397.

  64. 64.

    Report of the Panel, Thailand – Customs and Fiscal Measures on Cigarettes from the Philippines, WT/DS371/R, paras. 7.411 and 7.405.

  65. 65.

    Report of the Panel, Thailand – Customs and Fiscal Measures on Cigarettes from the Philippines, WT/DS371/R, para. 7.408.

  66. 66.

    Report of the Panel, Thailand – Customs and Fiscal Measures on Cigarettes from the Philippines, WT/DS371/R, para. 7.433.

  67. 67.

    Report of the Panel, Thailand – Customs and Fiscal Measures on Cigarettes from the Philippines, WT/DS371/R, para. 7.454.

  68. 68.

    Report of the Panel, Thailand – Customs and Fiscal Measures on Cigarettes from the Philippines, WT/DS371/R, para. 7.479.

  69. 69.

    Report of the Panel, Thailand – Customs and Fiscal Measures on Cigarettes from the Philippines, WT/DS371/R, paras. 7.546 and 7.555. The panel’s definition of marketing costs can be found in para. 7.499.

  70. 70.

    Report of the Panel, Thailand – Customs and Fiscal Measures on Cigarettes from the Philippines, WT/DS371/R, para. 7.637: only if the reseller satisfied certain administrative requirements, the liability could be offset. If a reseller failed, however, to meet these burdens, he remained subject to VAT. This “potential liability” discriminated imported cigarettes.

  71. 71.

    Cf., for a description of the zeroing methodology and the related problems, Krallmann, WTO Dispute Settlement – The Establishment of ‘Binding Guidance’ by the Appellate Body in US Stainless Steel and Recent Dispute Settlement Rulings, in: Herrmann/Terhechte (eds.), European Yearbook of International Economic Law (2011), p. 417, (438–443).

  72. 72.

    Report of the Panel, United States – Anti-Dumping Measures on Polyethylene Retail Carrier Bags from Thailand, WT/DS383/R, para. 3.1.

  73. 73.

    WT/DS383/4.

  74. 74.

    Report of the Panel, United States – Anti-Dumping Measures on Polyethylene Retail Carrier Bags from Thailand, WT/DS383/R, para. 1.1.

  75. 75.

    Cf. Article 6.1 of the DSU.

  76. 76.

    Report of the Panel, United States – Anti-Dumping Measures on Polyethylene Retail Carrier Bags from Thailand, WT/DS383/R, paras. 3.3. and 7.1.

  77. 77.

    Report of the Panel, United States – Anti-Dumping Measures on Polyethylene Retail Carrier Bags from Thailand, WT/DS383/R, paras. 7.5 and 7.7.

  78. 78.

    Report of the Panel, United States – Anti-Dumping Measures on Polyethylene Retail Carrier Bags from Thailand, WT/DS383/R, paras. 7.10 and 7.24.

  79. 79.

    Report of the Panel, United States – Measures Affecting Imports of Certain Passenger Vehicle and Light Truck Tyres from China, WT/DS399/R, paras. 2.1, 2.2 and 7.3.

  80. 80.

    Cf. the Protocol’s wording in Report of the Panel United States – Measures Affecting Imports of Certain Passenger Vehicle and Light Truck Tyres from China, WT/DS399/R, paras. 7.26 and 7.382.

  81. 81.

    Report of the Panel, United States – Measures Affecting Imports of Certain Passenger Vehicle and Light Truck Tyres from China, WT/DS399/R, paras. 7.38 and 7.87.

  82. 82.

    Report of the Panel, United States – Measures Affecting Imports of Certain Passenger Vehicle and Light Truck Tyres from China, WT/DS399/R, paras. 7.90 and 7.92.

  83. 83.

    Report of the Panel, United States – Measures Affecting Imports of Certain Passenger Vehicle and Light Truck Tyres from China, WT/DS399/R, para. 7.93.

  84. 84.

    Report of the Panel, United States – Measures Affecting Imports of Certain Passenger Vehicle and Light Truck Tyres from China, WT/DS399/R, para. 7.98.

  85. 85.

    Report of the Panel, United States – Measures Affecting Imports of Certain Passenger Vehicle and Light Truck Tyres from China, WT/DS399/R, paras. 7.83

  86. 86.

    Report of the Panel, United States – Measures Affecting Imports of Certain Passenger Vehicle and Light Truck Tyres from China, WT/DS399/R, paras. 7.139, 7.146 and 7.160.

  87. 87.

    Report of the Panel, United States – Measures Affecting Imports of Certain Passenger Vehicle and Light Truck Tyres from China, WT/DS399/R, paras. 7.236, 7.238 and 7.260.

  88. 88.

    Report of the Panel, United States – Measures Affecting Imports of Certain Passenger Vehicle and Light Truck Tyres from China, WT/DS399/R, para. 7.234.

  89. 89.

    Report of the Panel, United States – Measures Affecting Imports of Certain Passenger Vehicle and Light Truck Tyres from China, WT/DS399/R, para. 7.312.

  90. 90.

    Report of the Panel, United States – Measures Affecting Imports of Certain Passenger Vehicle and Light Truck Tyres from China, WT/DS399/R, para. 7.315.

  91. 91.

    Report of the Panel, United States – Measures Affecting Imports of Certain Passenger Vehicle and Light Truck Tyres from China, WT/DS399/R, para. 7.354.

  92. 92.

    Report of the Panel, United States – Measures Affecting Imports of Certain Passenger Vehicle and Light Truck Tyres from China, WT/DS399/R, para. 7.414.

  93. 93.

    Report of the Panel, United States – Certain Measures Affecting Imports of Poultry from China, WT/DS392/R, paras. 2.1–2.2.

  94. 94.

    Report of the Panel, United States – Certain Measures Affecting Imports of Poultry from China, WT/DS392/R, paras. 7.119 and 7.123.

    The US administration authorises poultry imports on a country-by-country basis. Interested countries have to make a request for a determination of eligibility. The administration will then assess an applicant country’s poultry system whether it is equivalent to that of the USA. If the system is equivalent, the USA will then publish a rule allowing for the importation of poultry from that country. Subsequently, annual reviews are being conducted to see whether the safety standards continue to be equivalent, cf. paras. 2.6–2.7.

    China initially requested an equivalence determination in 2004. The US administration found a number of deficiencies by the end of 2004 and conducted a second audit in 2005. In 2005 the final report on China was issued. The administration proposed to add China to the list of countries eligible for the export of poultry provided that the poultry products processed in certified establishments in China came from poultry slaughtered in the USA or other countries eligible to export poultry to the USA, cf. paras. 2.17–2.18.

    On 20 December 2007, the US administration requested the annual certification of eligibility. Only six days later, a law was enacted which restricted the use of funds to establish or implement any rule allowing poultry imports from China; the law, however, expired in September 2008. In March 2008, i.e. nearly two years after the USA’s first request, China provided information on its certified establishments to the USA. In July 2008 China was included as eligible to export processed poultry products but at the same time eligibility was suspended for animal health reasons. In February 2009, China enacted a new food safety law. In March 2009 the US Congress enacted legislation which – like the US law enacted by the end of 2007 – restricted the use of funds to establish or implement any rule allowing for the importation of poultry products from China. The law expired at the end of September 2009, cf. paras. 2.23–2.29.

  95. 95.

    Report of the Panel, United States – Certain Measures Affecting Imports of Poultry from China, WT/DS392/R, paras. 7.55–7.56.

  96. 96.

    Report of the Panel, United States – Certain Measures Affecting Imports of Poultry from China, WT/DS392/R, para. 7.67. Cf., furthermore, the wording of Art. 2.4 of the SPS Agreement.

  97. 97.

    Report of the Panel, United States – Certain Measures Affecting Imports of Poultry from China, WT/DS392/R, paras. 7.84 et seq.

  98. 98.

    Report of the Panel, United States – Certain Measures Affecting Imports of Poultry from China, WT/DS392/R, paras. 7.101–7.102.

  99. 99.

    Report of the Panel, United States – Certain Measures Affecting Imports of Poultry from China, WT/DS392/R, paras. 7.107 and 7.115.

  100. 100.

    Report of the Panel, United States – Certain Measures Affecting Imports of Poultry from China, WT/DS392/R, paras. 7.119 and 7.123.

  101. 101.

    Report of the Panel, United States – Certain Measures Affecting Imports of Poultry from China, WT/DS392/R, paras. 7.125 et seq.

  102. 102.

    Report of the Panel, United States – Certain Measures Affecting Imports of Poultry from China, WT/DS392/R, para. 7.154.

  103. 103.

    Report of the Panel, United States – Certain Measures Affecting Imports of Poultry from China, WT/DS392/R, para. 7.179.

  104. 104.

    Report of the Panel, United States – Certain Measures Affecting Imports of Poultry from China, WT/DS392/R, paras. 7.191–7.192.

  105. 105.

    Report of the Panel, United States – Certain Measures Affecting Imports of Poultry from China, WT/DS392/R, para. 7.294

  106. 106.

    Report of the Panel, United States – Certain Measures Affecting Imports of Poultry from China, WT/DS392/R, para. 7.318.

  107. 107.

    Report of the Panel, United States – Certain Measures Affecting Imports of Poultry from China, WT/DS392/R, paras. 7.439–7.441.

  108. 108.

    Report of the Panel, United States – Certain Measures Affecting Imports of Poultry from China, WT/DS392/R, para. 7.457.

  109. 109.

    Report of the Panel, United States – Certain Measures Affecting Imports of Poultry from China, WT/DS392/R, paras. 7.470, 7.471 and 7.483.

  110. 110.

    Report of the Panel, European Communities and its Member States – Tariff Treatment of Certain Information Technology Products, WT/DS375/R, para. 2.1.

  111. 111.

    http://dex-dwds.appspot.com/www.ustr.gov/sites/default/files/uploads/speeches/2008/asset_upload_file683_14917.pdf, p. 1.

  112. 112.

    Report of the Panel, European Communities and its Member States – Tariff Treatment of Certain Information Technology Products, WT/DS375/R, paras. 7.1–7.7.

  113. 113.

    Report of the Panel, European Communities and its Member States – Tariff Treatment of Certain Information Technology Products, WT/DS375/R, paras. 7.235 and 7.288–7.291.

  114. 114.

    Report of the Panel, European Communities and its Member States – Tariff Treatment of Certain Information Technology Products, WT/DS375/R, paras. 7.119–7.120.

  115. 115.

    Report of the Panel, European Communities and its Member States – Tariff Treatment of Certain Information Technology Products, WT/DS375/R, paras. 7.320–7.321.

  116. 116.

    Report of the Panel, European Communities and its Member States – Tariff Treatment of Certain Information Technology Products, WT/DS375/R, para. 7.403.

  117. 117.

    Report of the Panel, European Communities and its Member States – Tariff Treatment of Certain Information Technology Products, WT/DS375/R, paras. 7.337, 7.338 and 7.489.

  118. 118.

    Report of the Panel, European Communities and its Member States – Tariff Treatment of Certain Information Technology Products, WT/DS375/R, paras. 7.471 and 7.598.

  119. 119.

    Report of the Panel, European Communities and its Member States – Tariff Treatment of Certain Information Technology Products, WT/DS375/R, paras. 7.362 and 7.587.

  120. 120.

    Report of the Panel, European Communities and its Member States – Tariff Treatment of Certain Information Technology Products, WT/DS375/R, paras. 7.592–7.593.

  121. 121.

    Report of the Panel, European Communities and its Member States – Tariff Treatment of Certain Information Technology Products, WT/DS375/R, paras. 7.598, 7.737, 7.739, 7.745 and 7.757. Please note that the EU did not impose duties on all monitors that fell within the definition but on some which was sufficient to find a violation.

  122. 122.

    Report of the Panel, European Communities and its Member States – Tariff Treatment of Certain Information Technology Products, WT/DS375/R, paras. 7.825 and 7.841.

  123. 123.

    Report of the Panel, European Communities and its Member States – Tariff Treatment of Certain Information Technology Products, WT/DS375/R, paras. 7.835 and 7.837.

  124. 124.

    Report of the Panel, European Communities and its Member States – Tariff Treatment of Certain Information Technology Products, WT/DS375/R, para. 7.838.

  125. 125.

    Report of the Panel, European Communities and its Member States – Tariff Treatment of Certain Information Technology Products, WT/DS375/R, paras. 7.882 and 7.910.

  126. 126.

    Report of the Panel, European Communities and its Member States – Tariff Treatment of Certain Information Technology Products, WT/DS375/R, para. 7.946.

  127. 127.

    Report of the Panel, European Communities and its Member States – Tariff Treatment of Certain Information Technology Products, WT/DS375/R, para. 7.952.

  128. 128.

    Report of the Panel, European Communities and its Member States – Tariff Treatment of Certain Information Technology Products, WT/DS375/R, para. 7.979.

  129. 129.

    Report of the Panel, European Communities and its Member States – Tariff Treatment of Certain Information Technology Products, WT/DS375/R, para. 7.981.

  130. 130.

    Report of the Panel, European Communities and its Member States – Tariff Treatment of Certain Information Technology Products, WT/DS375/R, paras. 7.986–7.988.

  131. 131.

    Report of the Panel, European Communities and its Member States – Tariff Treatment of Certain Information Technology Products, WT/DS375/R, para. 7.1131.

  132. 132.

    Report of the Panel, European Communities and its Member States – Tariff Treatment of Certain Information Technology Products, WT/DS375/R, paras. 7.1487, 7.1489 and 7.1491.

  133. 133.

    Report of the Panel, European Communities and Certain Member States – Measures Affecting Trade in Large Civil Aircraft, WT/DS316/R, paras. 2.1, 2.2. and 7.367–7.368.

  134. 134.

    Report of the Panel, European Communities and Certain Member States – Measures Affecting Trade in Large Civil Aircraft, WT/DS316/R, para. 7.369.

  135. 135.

    Report of the Panel, European Communities and Certain Member States – Measures Affecting Trade in Large Civil Aircraft, WT/DS316/R, paras. 7.372–7.374.

  136. 136.

    Report of the Panel, European Communities and Certain Member States – Measures Affecting Trade in Large Civil Aircraft, WT/DS316/R, paras. 2.1 and 7.369.

  137. 137.

    Report of the Panel, European Communities and Certain Member States – Measures Affecting Trade in Large Civil Aircraft, WT/DS316/R, para. 7.64.

  138. 138.

    Report of the Panel, European Communities and Certain Member States – Measures Affecting Trade in Large Civil Aircraft, WT/DS316/R, paras. 7.91 and 7.93.

  139. 139.

    Report of the Panel, European Communities and Certain Member States – Measures Affecting Trade in Large Civil Aircraft, WT/DS316/R, para. 7.325.

  140. 140.

    Report of the Panel, European Communities and Certain Member States – Measures Affecting Trade in Large Civil Aircraft, WT/DS316/R, para. 7.286; for a description of Airbus’ corporate structure, cf. pp. 360 et seq.

  141. 141.

    Report of the Panel, European Communities and Certain Member States – Measures Affecting Trade in Large Civil Aircraft, WT/DS316/R, paras. 7.221, 7.214 and 7.216.

  142. 142.

    Report of the Panel, European Communities and Certain Member States – Measures Affecting Trade in Large Civil Aircraft, WT/DS316/R, para. 7.218; the panel clarified that the EU argument had to be distinguished from the causation analysis which assesses the effects of the subsidy in question. Art. 5 of the SCM Agreement would, however, not require the claimant to establish that the benefit to the recipient is current or continuing in order to demonstrate that the subsidy has caused adverse effects to the complaining member’s interests, cf. paras. 7.221–7.222; in an alternative finding the panel also assessed whether the benefit was extinguished by subsequent sales recipient/recipient’s shares for market value, cf. paras. 7.224 et seq.

  143. 143.

    Report of the Panel, European Communities and Certain Member States – Measures Affecting Trade in Large Civil Aircraft, WT/DS316/R, para. 7.314.

  144. 144.

    Report of the Panel, European Communities and Certain Member States – Measures Affecting Trade in Large Civil Aircraft, WT/DS316/R, para. 7.382.

  145. 145.

    Report of the Panel, European Communities and Certain Member States – Measures Affecting Trade in Large Civil Aircraft, WT/DS316/R, para. 7.389.

  146. 146.

    Report of the Panel, European Communities and Certain Member States – Measures Affecting Trade in Large Civil Aircraft, WT/DS316/R, paras. 7.401 and 7.482.

  147. 147.

    Report of the Panel, European Communities and Certain Member States – Measures Affecting Trade in Large Civil Aircraft, WT/DS316/R, para. 7.497.

  148. 148.

    Report of the Panel, European Communities and Certain Member States – Measures Affecting Trade in Large Civil Aircraft, WT/DS316/R, para. 7.514.

  149. 149.

    Report of the Panel, European Communities and Certain Member States – Measures Affecting Trade in Large Civil Aircraft, WT/DS316/R, paras. 7.575–7.581.

  150. 150.

    Report of the Panel, European Communities and Certain Member States – Measures Affecting Trade in Large Civil Aircraft, WT/DS316/R, para. 7.689.

  151. 151.

    Report of the Panel, European Communities and Certain Member States – Measures Affecting Trade in Large Civil Aircraft, WT/DS316/R, para. 7.648.

  152. 152.

    Report of the Panel, European Communities and Certain Member States – Measures Affecting Trade in Large Civil Aircraft, WT/DS316/R, paras. 7.652, 7.656 and 7.659.

  153. 153.

    Report of the Panel, European Communities and Certain Member States – Measures Affecting Trade in Large Civil Aircraft, WT/DS316/R, paras. 7.654 and 7.660.

  154. 154.

    Report of the Panel, European Communities and Certain Member States – Measures Affecting Trade in Large Civil Aircraft, WT/DS316/R, para. 7.678.

  155. 155.

    Report of the Panel, European Communities and Certain Member States – Measures Affecting Trade in Large Civil Aircraft, WT/DS316/R, para. 7.888.

  156. 156.

    Report of the Panel, European Communities and Certain Member States – Measures Affecting Trade in Large Civil Aircraft, WT/DS316/R, paras. 7.1004–7.1008.

  157. 157.

    Report of the Panel, European Communities and Certain Member States – Measures Affecting Trade in Large Civil Aircraft, WT/DS316/R, paras. 7.1034–7.1035.

  158. 158.

    Report of the Panel, European Communities – Definitive Anti-Dumping Measures on Certain Iron or Steel Fasteners from China, WT/DS397/R, para. 7.1037.

  159. 159.

    Report of the Panel, European Communities – Definitive Anti-Dumping Measures on Certain Iron or Steel Fasteners from China, WT/DS397/R, paras. 7.1039–7.1044. The panel rejected the EU interpretation that Art. 2.2 of the SCM Agreement should be read to mean that “only a subsidy that is limited to certain enterprises within a designated geographical region within the jurisdiction of the granting authority” should be regarded as specific, cf. paras. 7.1224 et seq.

  160. 160.

    Report of the Panel, European Communities – Definitive Anti-Dumping Measures on Certain Iron or Steel Fasteners from China, WT/DS397/R, para. 7.1244.

  161. 161.

    Report of the Panel, European Communities – Definitive Anti-Dumping Measures on Certain Iron or Steel Fasteners from China, WT/DS397/R, paras. 7.1245–7.1302.

  162. 162.

    Report of the Panel, European Communities – Definitive Anti-Dumping Measures on Certain Iron or Steel Fasteners from China, WT/DS397/R, paras. 7.1380 and 7.1414.

  163. 163.

    Report of the Panel, European Communities – Definitive Anti-Dumping Measures on Certain Iron or Steel Fasteners from China, WT/DS397/R, para. 7.1608.

  164. 164.

    Report of the Panel, European Communities – Definitive Anti-Dumping Measures on Certain Iron or Steel Fasteners from China, WT/DS397/R, paras. 7.1304–7.1322.

  165. 165.

    Report of the Panel, European Communities – Definitive Anti-Dumping Measures on Certain Iron or Steel Fasteners from China, WT/DS397/R, para. 7.1650.

  166. 166.

    Report of the Panel, European Communities – Definitive Anti-Dumping Measures on Certain Iron or Steel Fasteners from China, WT/DS397/R, para. 7.1662.

  167. 167.

    Report of the Panel, European Communities – Definitive Anti-Dumping Measures on Certain Iron or Steel Fasteners from China, WT/DS397/R, para. 7.1664.

  168. 168.

    Report of the Panel, European Communities – Definitive Anti-Dumping Measures on Certain Iron or Steel Fasteners from China, WT/DS397/R, para. 7.1680.

  169. 169.

    Report of the Panel, European Communities – Definitive Anti-Dumping Measures on Certain Iron or Steel Fasteners from China, WT/DS397/R, para. 7.2025.

  170. 170.

    Report of the Panel, European Communities – Definitive Anti-Dumping Measures on Certain Iron or Steel Fasteners from China, WT/DS397/R, para. 7.2186.

  171. 171.

    Report of the Panel, European Communities – Definitive Anti-Dumping Measures on Certain Iron or Steel Fasteners from China, WT/DS397/R, paras. 2.1 and 7.48.

  172. 172.

    Report of the Panel, European Communities – Definitive Anti-Dumping Measures on Certain Iron or Steel Fasteners from China, WT/DS397/R, paras. 7.47–7.50.

  173. 173.

    Report of the Panel, European Communities – Definitive Anti-Dumping Measures on Certain Iron or Steel Fasteners from China, WT/DS397/R, para. 7.84.

  174. 174.

    Report of the Panel, European Communities – Definitive Anti-Dumping Measures on Certain Iron or Steel Fasteners from China, WT/DS397/R, paras. 7.71–7.77.

  175. 175.

    Report of the Panel, European Communities – Definitive Anti-Dumping Measures on Certain Iron or Steel Fasteners from China, WT/DS397/R, paras. 7.84–7.90.

  176. 176.

    Report of the Panel, European Communities – Definitive Anti-Dumping Measures on Certain Iron or Steel Fasteners from China, WT/DS397/R, para. 7.98.

  177. 177.

    Report of the Panel, European Communities – Definitive Anti-Dumping Measures on Certain Iron or Steel Fasteners from China, WT/DS397/R, paras. 7.96–7.97.

  178. 178.

    Report of the Panel, European Communities – Definitive Anti-Dumping Measures on Certain Iron or Steel Fasteners from China, WT/DS397/R, para. 7.112.

  179. 179.

    Report of the Panel, European Communities – Definitive Anti-Dumping Measures on Certain Iron or Steel Fasteners from China, WT/DS397/R, paras. 7.124–7.125.

  180. 180.

    Report of the Panel, European Communities – Definitive Anti-Dumping Measures on Certain Iron or Steel Fasteners from China, WT/DS397/R, para. 7.148.

  181. 181.

    Report of the Panel, European Communities – Definitive Anti-Dumping Measures on Certain Iron or Steel Fasteners from China, WT/DS397/R, para. 7.438.

  182. 182.

    Report of the Panel, European Communities – Definitive Anti-Dumping Measures on Certain Iron or Steel Fasteners from China, WT/DS397/R, para. 7.561.

  183. 183.

    Report of the Panel, European Communities – Definitive Anti-Dumping Measures on Certain Iron or Steel Fasteners from China, WT/DS397/R, para. 7.246.

  184. 184.

    Report of the Panel, European Communities – Definitive Anti-Dumping Measures on Certain Iron or Steel Fasteners from China, WT/DS397/R, paras. 7.260 and 7.271.

  185. 185.

    Report of the Panel, European Communities – Definitive Anti-Dumping Measures on Certain Iron or Steel Fasteners from China, WT/DS397/R, para. 7.273.

  186. 186.

    Report of the Panel, European Communities – Definitive Anti-Dumping Measures on Certain Iron or Steel Fasteners from China, WT/DS397/R, para. 7.335.

  187. 187.

    Report of the Panel, European Communities – Definitive Anti-Dumping Measures on Certain Iron or Steel Fasteners from China, WT/DS397/R, para. 7.411.

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  1. Permanent Mission of Germany to the Office of the United Nations and Other International Organisations in Geneva, 28 C, Chemin du Petit-Saconnex, 1209, Geneva, Switzerland

    Andreas Krallmann

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  1. European Law, European and, University of Passau Chair for Constitutional and Administrat, Passau, Germany

    Christoph Herrmann

  2. Department of European Law, University of Hamburg, Hamburg, Germany

    Jörg Philipp Terhechte

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Krallmann, A. (2012). WTO Dispute Settlement: Current Cases. In: Herrmann, C., Terhechte, J. (eds) European Yearbook of International Economic Law 2012. European Yearbook of International Economic Law, vol 3. Springer, Berlin, Heidelberg. https://doi.org/10.1007/978-3-642-23309-8_18

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