Recently, the environmental resources tribunal of Chongqing fifth intermediate people's court applied the green principle of the civil code and concluded a dispute over the protection of property rights caused by the construction and operation of charging pile facilities in public parking spaces in the community. The appellant's claim to exclude the nuisance of the charging pile involved in the case was rejected. Lei and other seven people are the owners of facade shops in a community in Nan'an District, Chongqing. The community has not established an owners' committee. In October 2019, the property management company of the community signed a site use contract with a parking space management company, which agreed that the latter would lease the public parking space shared by the community owners outside the shops in the community for the operation of the parking lot. In the same month, the parking space operation company signed a cooperation contract with a technology Co., Ltd. for the installation and operation of intelligent charging equipment for electric vehicles. Then, the community property company issued a confirmation letter and agreed that the parking space operation company would sublet the site to a technology company to build a new energy vehicle charging station. After going through the relevant electricity approval and government filing procedures, a technology company began to enter the construction site. Lei and others believed that the behavior of the community property company in renting public parking spaces, the parking space operation company and the construction of charging stations by a technology company damaged their legitimate rights and interests as the owners of the community, so they filed a lawsuit to the court, requiring the three companies to immediately stop the construction of charging piles and power distribution houses, dismantle the built charging piles and other buildings, and restore the site to its original state. The court of first instance rejected the claims of Lei and other seven people. Lei and others refused to accept, so they filed an appeal. After hearing the case, the fifth intermediate people's Court of Chongqing held that the property company of the community was an early-stage property service enterprise selected by the community developer according to law. According to the agreement of the early-stage property service contract, it had the right to rent the public parking lot of the community involved in the case, and the rental and sublease of the parking lot did not change the purpose of the site; The installation of charging piles is an indispensable equipment for the use of new energy vehicles. The installation of charging piles on the parking spaces managed and used by parking space management companies not only facilitates the owners of new energy vehicles, but also increases the types of supporting facilities and services in the community; The construction of charging pile equipment by a technology Co., Ltd. of the construction party has also gone through relevant filing and approval procedures, and the charging pile is a reasonable distance from the facade of Lei and others. Therefore, the installation of charging pile and its supporting facilities involved in the case does not constitute a material nuisance to Lei and others. Accordingly, the court dismissed the appeal and upheld the original judgment. ■ judge's statement ■ Vigorously developing new energy vehicles is of great significance to ensure energy security, promote energy conservation and emission reduction, and prevent and control air pollution. Encouraging the installation and construction of charging pile infrastructure in residential areas is an important measure for the country to promote new energy vehicles. In this case, the property company rented part of the public motor vehicle parking space for the installation and operation of charging pile equipment, which is in line with the relevant provisions of the state to encourage property enterprises to participate in the construction, operation and management of new energy vehicle charging facilities in residential areas, and did not change the purpose of the public parking space at the site involved. In accordance with the green principles of the civil code and the relevant provisions of the property law, the people's court held that the property company has the right to rent public parking spaces for the installation and operation of charging facilities for new energy vehicles. The trial of this case highlights the people's court's judicial concept of supporting green travel, and also plays a good demonstration effect in solving the problems of charging pile and supporting facilities installation and promoting the development of new energy vehicle industry. It is the concentrated embodiment of judicial assistance to carbon peak, carbon neutralization strategic objectives and the people's court's practice of socialist core values. (outlook new era)
Edit：sishi Responsible editor：xingyong
Source：http://www.rmfyb.com/paper/html/
Special statement: if the pictures and texts reproduced or quoted on this site infringe your legitimate rights and interests, please contact this site, and this site will correct and delete them in time. For copyright issues and website cooperation, please contact through outlook new era email：lwxsd@liaowanghn.com
Recommended Reading Change it 
Home
