With all due respect, are you agreeing with the EU's ridiculous counterclaims, which it has already agreed to "compromise?"
The fact that the EU asserted an affirmative defense to US claims of unfair subsidy is not compelling of the truth of the matter.
Contracts are not subsidies. That's like saying an employee who earns a salary is subsidized by his job.
That sounds like a stretch to me. If I buy a car am I subsidizing the car company the same way as if I just gave them money without taking delivery of a car from them?