On June 12, 2008, Bristol County Retirement System filed a complaint against EADS NV as well as numerous officers and directors. On August 11, 2008, Bristol filed a motion with the Court to be appointed Lead Plaintiff in the action, and on September 18, 2008, Bristol was named Lead Plaintiff. Labaton Sucharow LLP serves as Co-Lead Counsel. The Second Amended Class Action Complaint was filed on November 3, 2008.

The action alleges that throughout the Class Period, EADS failed to disclose technical problems in the production of the Company's Airbus A380 commercial jets that caused extensive delivery delays. These delays, which EADS also failed to disclose, resulted in a miss to earnings of approximately 2.5 billion Euros.

Lead Plaintiff filed its opposition to the motion to dismiss on March 17, 2009, and defendants filed reply briefs on April 23, 2009. The Honorable William H. Pauley III heard oral argument on December 11, 2009.