Yunnan waste oil biodiesel sued Sinopec refused to sell the case of retrial lost

Yunnan drainage oil biodiesel Corporation to Sinopec to sell – Beijing case retrial against biodiesel Yunnan drainage oil Sinopec to private enterprises to sell case retrial will appeal against the Xinhua news agency, Kunming November 2nd news (reporter He Chunhao) after more than two years of litigation, appeal and retrial procedure, a drainage oil system in Yunnan province biodiesel Corporation v. Sinopec refused to sell the case retrial verdict, the Kunming intermediate people’s court recently rejected the plaintiff’s claim, the plaintiff said 2 appeal. At the beginning of January 2014, Yunnan Ying Ding Bio Energy Co. Ltd. Kunming City Intermediate People’s court to sue Sinopec Sales Co. Ltd. and Yunnan oil company in accordance with the anti-monopoly law and the law of renewable energy, biodiesel will yingding produced fuel into the sales system. In December 8th of the same year, the Kunming intermediate people’s Court of first instance verdict on the case to determine the defendant violated the anti-monopoly law, and the plaintiff received a period of production of bio diesel. Both the plaintiff and the defendant refused to accept the appeal and appealed to the higher people’s Court of Yunnan province. In August 2015, the Yunnan Provincial High Court upheld the ruling that the original judgment of the basic facts are not clear, in violation of the statutory procedures, ruled cassation, remand. Kunming City Intermediate People’s court in accordance with the law to form a collegial panel in June 15, 2016 on the trial of the case. In the trial of the court, the author believes that both the original and the defendant should establish a kind of transaction relationship which is not only in line with the economic law, but also takes into account the operators, consumers and social public interests. The establishment of this relationship requires the government’s public policy and industrial policy guidance and support, in accordance with the laws of the market economy. The administrative department of energy of the State Council and the Yunnan Provincial People’s government has not been formulated for drainage oil biodiesel sales policies related to sales, subject, quantity, pricing, and incentives and subsidies for the losses and other issues are not clear; at the same time, the plaintiff and the defendant in the sale of drainage oil biodiesel does not exist in competition, the defendant’s conduct did not have the effect of eliminating or restricting competition. Accordingly, the Kunming intermediate people’s court finds that the plaintiff’s claims are not based on facts, dismissed the plaintiff’s lawsuit claims. In November 2nd, the plaintiff lodged an appeal on the grounds of the fact that the judgment was found to be wrong, the application of legal errors and procedural errors.相关的主题文章: