Biodiesel Machine The Yunnan of marathon type is filled with joint-stock company of vessel biology energy to appeal to in petrifaction is sale company, medium branch of oil of Yunnan of petrifaction sale company tries a case again 2 careful save open a court session of senior people court 28 days in Yunnan. Appeal and whether be existed around program of former heavy careful by a:appellant both sides the problem such as the flaw has fierce battle.
Yunnan is filled with joint-stock company of vessel biology energy is the business that Yunnan produces biology diesel oil. This company 2014 will medium branch of oil of petrifaction, Yunnan tells a court, the biology diesel oil that the requirement produces the company that be filled with a vessel brings into its fuel to sell a system, recoup pecuniary loss 3 million yuan of RMBs.
After Kunming quadrangle accepted this proposal in Feburary 2014, at of the same age open a court session will be tried on July 30. In December 2014, kunming quadrangle makes first instance adjudicate, the accords with national level biology derv that sentences Yunnan oil branch to produce the company that be filled with a vessel brings into its fuel to sell a system; Reject the other suit request of the company that be filled with a vessel. After the court decision, branch of oil of the company that be filled with a vessel, Yunnan all refuses to obey the court decision appeals.
On April 22, 2015, yunnan saves open a court session of senior people court to hear this case. On front courtyard, the application such as Yunnan oil branch external fuel of Gong Jiong of associate professor of economic commerce college, diesel engine moves standard of operable biology derv to basically draft person Lin Jianmin to appear in court attest. In August 2015, yunnan saves senior people court to make 2 careful rule, think court decision of former first instance holds basic fact not clear, violate legal order, ruling cancel original judgement, send heavy careful.
October 2016, kunming quadrangle weighs careful to adjudge. Kunming quadrangle thinks, in without the State Council the sources of energy is in charge of a branch or the form with relevant provision is opposite provincial people government a series of problems such as price of the sale principal part that ground channel oil makes biology diesel oil, selling quantity, sale give clear case to fall, serve as oil of oil finished product to because of,sell a business to branch of oil of the accused Yunnan ” but law of second birth energy ” the law of burden of relevant provision place defines Wu means of unfavorable and compulsive jussive is in take no account of any premise the condition goes down to finish, ought to observe rule of socialist market economy however, abide by principle of fair and honest credence to wait. Look from the normal evolution of the enterprise and commercial option, because ground channel oil makes biology derv use as,the pilot promotion job of biology fuel encounters real difficulty and did not obtain solve, set out from fair angle, it is normal that the practice of branch of oil of the accused Yunnan accords with its oneself the accrete mutual benefit between economic benefits and consumer interest, and this action also did not bring forestall interest to wait to itself of branch of oil of the accused Yunnan, reason both sides fails to build trade relation, do not belong to disobey ” antitrust law ” the behavior of relevant provision. In eye antecedent condition falls, both sides makes biology derv sell in ground channel oil nonexistent competition concerns on the problem, reject the litigant request of the company that be filled with a vessel lawfully then. After adjudging, the company that be filled with a vessel refuses to obey, put forward to appeal. #p#·ÖÒ³±êÌâ#e#
That day in front courtyard careful, whether is both sides put in the problem around first instance program, whether does adjudicative fact exist omit or mistake, and whether to put in problem of applicable law mistake to have engage in a battle. The company that be filled with a vessel thinks, first instance is restricted in careful behavior of respect existence overtime, negotiate be related to maintain to both sides undeserved, and applicable law mistake, request court cancel weighs the first instance of careful to adjudicate, the biology diesel oil that 2 appellee produce the company that be filled with a vessel brings into change the original sentence its fuel sells a system.
Appellee expresses, this case and forestall have nothing to do. First instance cognizance fact is clear, nonexistent fault is checked, leakage is checked, the lawyer letter that appellant sends is not belonged to want to make an appointment with, both sides was not reached make easy existence warrant, the biology derv product line of Ju Yingding company has not fulfill annulus to judge formalities to wait, the request rejects appeal.
In careful of this second front courtyard, the court makes clear this case is the civil suit that rejects to make easy issue, do not involve other property. After front courtyard careful ends, the court announces choose period is adjudged.