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No.1 of Fifteen Model Cases involving Appearance of Persons in Charge of Administrative Agencies in Court to Respond to Lawsuit Published by the Supreme People's Court: Beijing Funing Trading Co., Ltd. Ningxia Specialties Chain Supermarket v. Market Supervision and Administration Bureau of Dongcheng District, Beijing Municipality and People's Government of Dongcheng District, Beijing Municipality (a case involving an administrative penalty decision and administrative reconsideration)
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最高人民法院发布十五起行政机关负责人出庭应诉典型案例之一：北京富宁经贸有限责任公司宁夏特产连锁超市诉北京市东城区市场监督管理局行政处罚决定及北京市东城区人民政府行政复议案
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【法宝引证码】
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| No.1 of Fifteen Model Cases involving Appearance of Persons in Charge of Administrative Agencies in Court to Respond to Lawsuit Published by the Supreme People's Court: Beijing Funing Trading Co., Ltd. Ningxia Specialties Chain Supermarket v. Market Supervision and Administration Bureau of Dongcheng District, Beijing Municipality and People's Government of Dongcheng District, Beijing Municipality (a case involving an administrative penalty decision and administrative reconsideration) | | 最高人民法院发布十五起行政机关负责人出庭应诉典型案例之一：北京富宁经贸有限责任公司宁夏特产连锁超市诉北京市东城区市场监督管理局行政处罚决定及北京市东城区人民政府行政复议案 |
| Basic Facts | | 基本案情 |
| The Market Supervision and Administration Bureau of Dongcheng District, Beijing Municipality (hereinafter referred to as the “Dongcheng Market Supervision and Administration Bureau”) received a complaint from a consumer, who claimed that the relevant information of the manufacturer and warnings were not indicated on the labels of two types of wine of different years (with a brand A) he purchased from Beijing Funing Trading Co., Ltd. Ningxia Specialties Chain Supermarket (hereinafter referred to as “Funing Company”). After conducting an examination, the Dongcheng Market Supervision and Administration Bureau determined that Funing Company committed an illegal act that the labels of the pre-packaged products sold by Funing Company did not comply with the relevant provisions of the Food Safety Law. On June 10, 2019, it made an administrative penalty decision that Funing Company should be given a fine and its illicit income should be confiscated, 113,954 yuan in total. Funing Company deemed that the law applied in the penalty decision was erroneous and the penalty was too severe and it applied for administrative reconsideration with the People's Government of Dongcheng District, Beijing Municipality (hereinafter referred to as the “Dongcheng People's Government”). Upon review of reconsideration, the Dongcheng People's Government affirmed the penalty decision. Funing Company held that the problems in the labels of the products were not faults of the dealer and it should not be given the maximum penalty. It thus filed an administrative lawsuit with the Primary People's Court of Dongcheng District, Beijing Municipality (hereinafter referred to as the “Dongcheng Primary People's Court”) and claimed that the penalty given to Funing Company since the labels of “Chateau Baccus Cabernet Sauvignon Wine” 2011 and “Chateau Baccus Cabernet Sauvignon Wine” 2016 it sold did not comply with the relevant label provisions in the administrative penalty decision sued and the administrative reconsideration decision sued should be revoked. | | 北京市东城区市场监督管理局（以下简称东城市场监管局）收到消费者投诉举报，反映其在北京富宁经贸有限责任公司宁夏特产连锁超市（以下简称富宁公司）购买的某品牌不同年份的两款葡萄酒标签上未标注生产商相关信息和警示语等。东城市场监管局经检查，认定富宁公司出售的预包装产品存在经营标签不符合食品安全法相关规定的违法行为，于2019年6月10日作出行政处罚决定，对富宁公司处以罚款和没收违法所得共计113,954元。富宁公司认为处罚决定适用法律错误，处罚过重，向北京市东城区人民政府（以下简称东城区政府）申请行政复议。东城区政府经复议审查维持了处罚决定。富宁公司认为产品标签存在的问题非经销商过错，不应作高限处罚，遂向北京市东城区人民法院（以下简称东城区法院）提起行政诉讼，请求撤销被诉行政处罚决定中关于对富宁公司因销售的“巴格斯酒庄特级赤霞珠葡萄酒”2011、“巴格斯酒庄特级赤霞珠葡萄酒”2016不符合标签规定作出的处罚部分及被诉行政复议决定。 |
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