GENEVA: A World Trade Organization panel found Monday that the EU had failed to remove illegal subsidies given to Airbus that are at the centre of a bitter dispute between Washington and Brussels.

Last month, a WTO arbitrator gave the United States the green light to slap tariffs on $7.5 billion worth of European Union imports, a landmark moment in the 15-year legal battle between Airbus and American planemaker Boeing.

The arbitrator’s award, the largest in the organisation’s history, was in retaliation for various subsidies and other support given to Airbus by the EU, which violated WTO rules.

An initial compliance panel had found that the EU was breaking the rules but last year Brussels asked for a second panel to weigh in, arguing that it had modified its behaviour.

The second panel, which issued its decision Tuesday, said the EU was still giving improper support to Airbus. “The European Union and certain member states have failed to implement the recommendations and rulings of the Dispute Settlement Body to bring its measures into conformity with its obligations,” the panel’s decision said. It therefore found that earlier rulings in the case, which paved the way for the historic penalty, “remain operative”.

A spokesperson for the European Commission responded by saying: “We consider that the panel has made a number of serious legal errors in its assessment of EU compliance.

“The report also contains statements concerning workable ways to comply with the WTO rules on subsidies that would be very problematic for a larger part of the WTO membership to comply with,” the statement added.

The Commission did not rule out an appeal, it said.

Airbus said in a statement of its own that it would back such an appeal.

The European planemaker added that the WTO ruling should lead the US to “immediately reduce” the tariffs it was authorised by the WTO in October to impose “by around $2 billion.”

That is because Airbus feels the panel found that “loans for the development of the A380 no longer have an impact on Boeing sales and that therefore the value of the lost sales no longer exists.”

In separate cases initiated by the EU, the WTO has also ruled that various branches of the US government have given illegal subsidies to Boeing. The WTO is expected to set the amount of retaliatory tariffs the EU can impose early next year. Both Washington and Brussels have indicated a desire to negotiate a solution to the epic airline industry spat and avoid the tit-for-tat tariffs, however.—AFP