CBCGDF Applied to Supreme People's Court for Retrial of Xinghualou Mooncake Over Packaging Case
2022/10/9 13:33:00 本站

China Biodiversity Conservation and Green Development Foundation (CBCGDF) recently filed a retrial application to the Supreme People's Court of The People's Republic of China for the public interest litigation case of over packaging of Xinghualou mooncakes. Previously, Shanghai Higher People's Court made a second instance judgment on the case of CBCGDF v. Shanghai Xinghualou (Group) Co., Ltd (Xinhualou) in the civil public interest litigation (over packaging) of ecological environment protection, maintaining the first instance judgment of the Shanghai Third Intermediate People's Court.

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The Shanghai High Court held in its judgment that "the mooncake involved in the case has an extra layer of packaging,which is really solid waste." However, after confirming above fact Shanghai High Court indicated that the pollution and damage to the ecological environment could be avoided after reasonable disposal. Therefore, the packaging involved in the case, as a solid waste, cannot be directly equivalent to pollutants".And based on this reason, Shanghai High Court denied CBCGDF’s judicial request to curb excessive packaging.

The judgment demonstration of this case will certainly connive at the excessive packaging, and let companies like Xinhualou damage the public interest yetunpunished.
The judgment of the Shanghai High Court on the Xinghualou Overpackaging Public Interest Litigation Case allowing the defendant to escape legal responsibility, was contrary to the spirit of resolutely curbing the overpackaging, and inconsistent with the national strategy of "carbon peak, carbon neutral", and it did not provide a positive judicial guarantee for promoting the construction of ecological civilization.

We look forward to the justice of the Supreme People's Court!

For the relevant progress of this case, please follow CBCGDF Media,

Original Chinese Article:https://mp.weixin.qq.com/s/Fi6Q1H6N_m_5cIWOzqEonQ

Translator:Daisy

Checked by Sara

Editor:Daisy

Contact: v10@cbcgdf.org; +8617319454776

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