The Jerusalem Magistrates Court recently accepted a claim filed against the Israeli Aviation Authority (IAA) by a passenger who had been injured while colliding with another person at Ben-Gurion International Airport, which the IAA operated. The court ruled that the presence of ground stewards in the terminal – even if considered to be a high standard – could have prevented the collision between the plaintiff and the other person.
The Ministry of Justice and the Patent Office recently published a request for comments on the purported expansive amendments to the Patent Law. Some of the proposed amendments are minor, while others represent radical changes to the existing legislation. Many of the proposed amendments benefit foreign applicants, which are the source of most patent applications in Israel. This article discusses the proposed amendments and the effect that they may have on the Israeli patent system.
A non-profit organisation filed a claim and a motion to certify the claim as a class action against 30 plants in the Haifa Bay region, arguing that the plants polluted the environment and caused bodily injuries to the class members who were exposed to the hazardous materials which the plants emitted. The respondents held that it was impossible to handle a claim for bodily injuries caused by environmental pollution in a class action procedure. A court has declined the respondents' motion to strike out the claim.
Israel recently commenced a broad vaccination campaign to stop the spread of COVID-19. Employers have many questions, including with regard to how they can act towards employees who refuse vaccination and whether they can provide incentives to workers who choose to get vaccinated. These FAQs answer everything that employers need to know about COVID-19 vaccination in Israel.
To apply for a patent in Israel, applicants must prepare a patent application (drafted in accordance with the Patents Law) and file it with the registrar, along with the required fees. If a patent is granted, patentees may prevent others from exploiting their inventions. This article answers FAQs about patent legislation and procedure in Israel.
Transfer pricing rules deal with pricing and profit attribution rules of international transactions performed between two or more related parties (eg, a parent and its subsidiary). This article provides a high-level overview of some of the common business models used by local entities that are engaged in the distribution, sale and marketing of their group's products and analyses the potential transfer pricing ramifications thereof.
The Israeli Competition Authority recently published a draft public statement regarding the submission of joint bids by competitors in tenders. The draft proposes an interpretation of the Competition Law that may significantly affect the business activities of entities operating in Israeli tender markets. Foreign entities that consider participating in bids in Israel as part of a group should be aware that they may need to obtain the competition commissioner's prior approval.
The Central District Court recently dismissed a claim filed by a plaintiff against a gas supplier and its insurer and determined that the plaintiff had failed to prove that the claim event had been a gas explosion and the gas supplier's alleged negligence. The court accepted all of the arguments raised in the written summaries filed on behalf of the defendants and determined that, among other things, the plaintiff did not own the business where the alleged event had occurred so was not entitled to compensation.
The new controversial Civil Procedure Regulations recently entered into force. The Ministry of Justice initiated this reform, declaring that it aims to make the judicial process more efficient and transparent. However, under the regulations, litigation will be costlier and the courts' stringent attitude may lead parties to mediate and settle claims instead of filing them in court.
The new controversial Civil Procedure Regulations recently entered into force. Insurers' claims departments must study and understand these new procedures, which may cause increased uncertainty during the first years of implementation. In the meantime, plaintiffs – including insurers in subrogation claims or claims for contribution – must prepare their claims more thoroughly with all supporting documents and opinions.
Among the primary tools for encouraging inbound investments in Israel is the special tax regime for private investment funds. Over the years, the Tax Authority has issued substantial guidance and numerous private rulings under the Income Tax Ordinance, providing significant tax benefits to foreign investors and private investment funds operating in Israel. This article outlines the income tax arrangements applicable to private investment funds operating in Israel.
In August 2020 the Central District Court dismissed several requests for the certification of class actions which had been filed against different airlines on the basis that statutory damages under the Aviation Services Law cannot be claimed in class actions. In all of the cases, the airlines' main argument was that according to the Class Action Law, the court cannot award compensation where proof of damage is not required.
The controversy over whether electric bicycles are motor vehicles and are hence subject to the Law of Compensation to Victims of Road Accidents recently came to an end with a Supreme Court ruling. Since electric bicycles are involved in many accidents, the question of whether the law applies has become important because if electric bicycles were to be considered motor vehicles, there would be a duty of insurance.
Recent years have seen a significant increase in publicly raised capital on the stock market by partnerships engaged in oil and gas exploration, which presents challenges due to existing tax legislation in Israel. In general, the process established in the law creates a distortion under which present partners will pay additional tax for past partners who benefited from the partnership's profits in a particular year.
The Competition Tribunal's recent judgment thoroughly analysed the legality of target discounts offered by a dominant firm to its customers. The tribunal adopted a cautious approach towards retroactive target discounts, ruling that such pricing schemes could be condemned even if an equally efficient competitor was not excluded by the target discount and the level of market foreclosure was limited.
In response to the COVID-19 pandemic, Israel imposed significant restrictions on foreign nationals' entry into Israel. The Population and Immigration Authority and the Ministry of Health recently published a procedure that allows executives and businesspeople from so-called 'green countries' to obtain a permit to visit Israel for business visits of up to seven days.
A recent case dealt with the question of whether an insured is entitled to insurance benefits for the loss of their car by theft when it lacked the security measures required by the insurer. The Insurance Contract Law enables the award of partial benefits (Article 18), but in this case the insurer presented no evidence to support the application of this remedy. Thus, the court ordered the insurer to pay the full claim.
The Supreme Court recently answered a crucial question which could affect the reserves for bodily injury claims of all Israeli insurers and hence affect their balance sheets. According to the decision, the relevant annual capitalisation interest that should apply in respect of subrogation claims filed by the National Insurance Institute (NII) is 3% regardless of the fact that the NII paid allowances to the injured based on an annual capitalisation interest of 2%.
The Tax Authority recently published a tax ruling addressing priority technological enterprise status with respect to an Israeli company that engages in the development and provision of cloud service platforms. The ruling provides that, subject to the Investment Law, income derived from the right to use a company's cloud platforms will be classified as income generated by a technological enterprise and, therefore, will be entitled to the Investment Law's reduced tax rates.
Parliament recently passed the Equal Pay Law for Male and Female Workers (Amendment 6) (5780-2020), which aims to prevent discrimination based on sex with respect to salary and other work-related benefits. The law is based on the presumption that female and male workers employed at the same workplace should receive equal pay for the same work or for substantially similar work and provides another tool to remedy the gender pay gap.