Reporters learned from the Chaoyang District People's Court of Beijing on the 17th that the court recently publicly heard a dispute over the purchase of carbon emission quotas . According to the law , an environmental protection company in Beijing paid a power generation company in Sichuan more than 2.89 million yuan in carbon emission quota purchase price difference and interest. It is reported that this case is the first case of carbon emission quota trading in Beijing.
According to reports, on December 14, 2021, a power generation company in Sichuan issued a selection announcement on the purchase of carbon emission quotas. On the same day, an environmental protection company in Beijing sent it the Quotation Form and specified the quantity, unit price, delivery time and liability for breach of contract of the trading quota, saying that it provided 460000 tons of carbon emission quota with a unit price of 44.7 yuan/ton including tax. In addition, "Certificate of Holding the Quota of the National Carbon Emission Trading Market" is attached to the Quotation Form, and it is promised that "if our company fails to fulfill the above commitments, your company can purchase the quota of the National Carbon Emission Trading Market equivalent to the subject matter of the contract transaction in a commercially reasonable way in the market, and if there is a price difference, our company shall make up for it". The next day, a power generation company in Sichuan sent a notice of winning the bid to an environmental protection company in Beijing to confirm that an environmental protection company in Beijing was the successful bidder. On December 22,
2021, an environmental protection company in Beijing sent a letter to a power generation company in Sichuan, saying that due to the practical difficulties in market transactions, it proposed a supplementary agreement or the termination of the winning contract. A power generation company in Sichuan said that after learning that an environmental protection company in Beijing refused to perform the contract, in order to ensure the normal development of production and operation, it immediately contacted a petrochemical company. Because of the time constraints, a power generation company in Sichuan basically had no room for further bargaining, and finally purchased the corresponding quota at a unit price of 51 yuan/ton including tax, which was not allowed. The transaction between the two sides was completed on December 23, 2021. After trial
, Chaoyang Court held that civil subjects should abide by relevant national laws and industrial policies in carbon emission quota trading and fulfill their obligations in accordance with the law. According to the evidence submitted by both parties, the submission of the Quotation Form by an environmental protection company in Beijing should be a normal transaction between the two parties, an expression of the authenticity of both parties, and not a violation of the mandatory provisions of laws and administrative regulations, which should be legal and effective. To sum up, the court made the above judgment according to law.
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