Victory: Ministry of Economic made Concession in Commodity Inspection Dispute, Settlement Reached

Titan represented a client, a manufacturer of liquefied petroleum gas bottle (a.k.a. LPG Bottle), in administrative litigation against Ministry of Economic Affairs (“MOEA”). The authority claimed our client had violated Article 36 of the Consumer Protection Act and Article 63-1 of the Commodity Inspection Act due to the LPG cylinder safety valve recycling matter, and ordered to recycle or correct the item. Our client was sanctioned the amount of NT$2,250,000 for not being able to satisfy the order within limited time.

 

Taipei High Administrative Court agreed that the sanction had no expected possibility to execute, after our legal defense in administrative proceedings. Later the authority appealed to Supreme Administrative Court, and was sent back to review. Both parties then agreed for a settlement and Titan have successfully negotiated with MOEA by reducing 3/4 of the sanction.

 

This case was led by our managing partner, Dr. Ching-Yuan Yeh, and senior associate Dr. Roger Pu-Chin Tsai with the assistance of our attorney Ms. Yu-Hsin Lai. Dr. Yeh, with an S.J.D. and a J.D. from University of Pennsylvania, has over twenty years of experience and previously practiced at Taiwan’s Lee & Li as well as global law firm Sullivan & Cromwell LLP. Dr. Tsai earned a Ph.D. in international economic law from Peking University. He is licensed to practice law in Beijing, Shanghai and Taipei. He is also a consultant of Beijing DHH Law Firm and worked at Lee and Li Attorneys-at-law in Taipei and Beijing Zhong Ying Law Firm in Beijing. Dr. Tsai’s practice mainly focuses on cross border M&A, international investment, and cross-strait transaction between Mainland China and Taiwan. Ms. Lai earned a B.A. degree and a B.B.A. degree from Soochow University; she specializes in fiscal and tax law, commercial law, and common law; she is also a certified public accountant. She worked as research assistant and special counsel for research projects of Chinese Taipei Olympic Committee, translating WADA Code (2021), and was appointed as a member of the committee of Anti-Doping Organization’s hearings.