案例一 某综合购销服务公司(供方)与某综合经营部(需方),在供方所在地达成协议:由供方以当地零售价售给需方价值五万余元的香烟,并约定供方送货上门,待香烟送达需方验收入库后即付款.供方按照协议将香烟运往需方指定的地点,经需方验收入库后,需方以全部付清货款有困难为由,请求供方谅解,并保证在当月内付清全部货款.供方表示同意.逾期需方因没有烟草专卖许可证未能销售,故没有付款.供方遂向法院起诉,要求需方如数承付货款,并偿付银行利息.经查,供方系经工商行政管理部门和烟草专卖部门核准经营香烟的企业,经营方式为批零兼营;需方也系经工商行政管理部门核准经营香烟的企业,但向供方购买香烟时,却没有经烟草专卖部门的批准,未办理烟草专卖许可证.为此,一、二审法院均以需方未经烟草专卖部门的许可,经营香烟,属违法经营.根据《冲华人民共和国经济合同法》第七条第七款第一项的规定,确 Case 1 An integrated sales and service company (supplier) and an integrated management unit (buyer) conclude an agreement at the supplier's premises: the supplier sells cigarettes worth more than $ 50,000 to the purchaser at a local retail price and provides for an agreement Party delivery, until the delivery of cigarettes to be checked and accepted by the buyer after the payment, the supplier will be in accordance with the agreement to transport the cigarettes to the designated place, after acceptance by the buyer storage, the buyer to pay all the necessary payment on the grounds of difficulty , For the understanding of the supplier, and ensure that the full payment within the month. The supplier agreed. Overdue demand because there is no tobacco monopoly permit failed to sell, so there is no payment. The supplier sued the court, requiring the required number of To pay the purchase price and pay the interest of the bank.After investigation, the supplier department is approved by the administrative department of industry and commerce and the tobacco monopoly department to manage the business of cigarettes, the mode of operation for the wholesale and retail business; the demand side is also approved by the business administration department of cigarettes Enterprises, but to the supplier to buy cigarettes, but not approved by the tobacco monopoly departments, not for tobacco monopoly permits.Therefore, the courts of first and second instance to the demand side without the tobacco monopoly department to operate cigarettes, is illegal According to “punching Article VII, paragraph 7 of the first Republic of China on Economic Contracts Law ”, indeed