Its quite obvious to me that EADS broke the contract in terms of their delays and misstated operational costs. I'm no lawyer, but I would assume that they wouldn't get a full refund but some type of prorated deal.
Its a shame, but the cost issues tends to be a trend with most new aviation projects. The A400M is ridiculous. The F35 costs are questionable, but it will be a successful program. I actually read the the US's new bomber is under budget right now... but it hasn't been produced yet, so just wait for the big stick up the butt to come....
"Give us a kiss, big tits."