Disclaimer: The Following is an unofficial translation, and not necessarily an updated one.
The binding version is the official Hebrew text. Readers are consequently advised to consult
qualified professional counsel before making any decision in connection with the enactment,
which is here presented in translation for their general information only.
CLASS ACTION LAW 5766-2006
The purpose of the Law
1.
The purpose of this Law is to prescribe uniform rules on the submission
and conduct of class actions, in order to improve the protection of rights
and to advance thereby especially the following:
(1) to give substance to the right to go to Court, also for categories of
the population that find it difficult to go to Court as individuals;
(2) to enforce the Law and deter its violation;
(3) to provide appropriate relief to persons injured by Law violations;
(4) to handle actions efficiently, fairly and comprehensively.
Definitions
2.
In this Law –
"organization" – a body corporate, other than a body corporate set up
by a Law or a religious trust that exists and operates regularly and
actually during at least one year for the advancement of one or more
public purposes, its assets and income being used only for the
achievement of public purposes, on condition that its activity is not on
behalf of a political party or of some other political body, or in
connection with a party or aforesaid body or for the advancement of
their purposes;
"representative attorney" – an attorney-at-law, who represents a
petitioner or a representative plaintiff in a petition for approval or in a
class action, as the case may be;
"Exchange" – a Stock Exchange in Israel, as defined in the Companies
Law;
"Court" – including a Labor Tribunal;
"petition for approval" – within its meaning in section 8;
"the Register" – within its meaning in section 28;
"Administrative Affairs Courts Law" – the Administrative Affairs
Courts Law 5760-2000;
"Consumer Protection Law" – the Consumer Protection Law 57411981;
"Restrictive Business Practices Law" – the Restrictive Business
Practices Law 5748-1988;
"Companies Law" – the Companies Law 5759-1999;
"Control of Insurance Law" – the Control of Financial Services
(Insurance) Law 5741-1981;
"Benefit Funds Law" – the Control of Financial Services (Benefit
Funds) Law 5765-2005;
"Joint Investments Trust Law" – the Joint Investments Trust Law
5754-1994;
"Prevention of Environmental Nuisances Law" – the Prevention of
Environmental Nuisances (Civil Suits) Law 5752-1992;
"Equal Rights for Persons with Disabilities Law" – the Equal Rights
for Persons with Disabilities Law 5758-1998;
"management company", "member" – as defined in the Benefit Funds
Law;
"insurer", "insurance agent" – as defined in the Control of Insurance
Law;
"petitioner" – whoever petitioned the Court for the approval of a class
action under section 5;
"clearing house" – as defined in section 50A of the Securities Law
5728-1968;
"defendant" includes the respondent to a petition for approval;
"public authority" – a body enumerated in Schedule One;
"banking corporation" – as defined in the Banking (Licensing) Law
5741-1981, and also an auxiliary body corporate, as defined in that
Law;
"representative plaintiff" – the person approved by the Court under
the provisions of this Law to be the representative plaintiff in a class
action;
"class action" – an action carried on in the name of a group of persons
who did not authorize the representative plaintiff to do so, and which
raises substantive questions of fact and of Law that are common to all
members of the group;
"the Minister" – the Minister of Justice.
Bringing a class action
3.
(a) A class action shall be brought only as an action specified in
Schedule Two, or about a matter for which the provision of a Law
explicitly provides that it may be brought as a class action;
notwithstanding the aforesaid, a class action for compensation for
damage caused by a third party shall not be brought against an
authority on the grounds that the authority used or abstained from
using the authority's powers of supervision, regulation or
enforcement in respect of that third party; in this subsection and in
sections 5(b)(2), 9 and 21, "authority" – as defined in section 2 of
the Administrative Affairs Courts Law.
(b) Bringing a class action requires approval by the Court and the
provisions under this Law shall apply to its submission and
conduct.
By whom and in whose name may a petition for approval of a
class be brought
4.
(a) The following may petition the Court for approval of a class action,
as specified below:
(1) a person who has grounds for an action or matter said in
section 3(a), which raises substantive questions of fact or
Law common to all members of a group of persons – in the
name of that group;
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(2)
(b)
a public authority in an action or matter said in section 3(a)
that is within the sphere of one of the public purposes in
which the public authority engages – in the name of a group
of persons, if that action or matter raises substantive
questions of fact or Law common to all its members;
(3) an organization in an action or matter said in section 3(a)
that is within the sphere of one of the public purposes in
which the organization engages – in the name of a group of
persons, if that action or matter raises substantive questions
of fact or Law common to all its members, on condition that
the Court is satisfied that – under the circumstances of the
case – it would be difficult to bring the petition in the name of
a person said in paragraph (1); however, the Israel
Consumer Council, as defined in the Israel Consumer
Council Law 5768-2008, may petition for approval of an
action as a class action, even if it is not difficult for a person'
to submit the petition, as said in paragraph (1).
For the purposes of this section, when one of the foundations of
the grounds is damage, then –
(1) in a petition for approval submitted by a person said in
subsection (a)(1) – it shall suffice that the petitioner show a
priori that damage was caused to him;
(2) in a petition for approval submitted by a public authority said
in subsection (a)(2) or by an organization said in subsection
(a)(3) – it shall suffice that the petitioner show a priori that
damage was caused to a member of the group, or that it is
reasonably possible that damage was caused to the group,
in whose name the petition was submitted.
Bringing the petition for approval of a class action
5.
(a) (1) Whoever wishes to bring a class action shall petition the
Court in writing for approval of the class action, and he shall
attach thereto a copy of the action (in this Law: petition for
approval); the Minister may prescribe provisions on the
manner of submitting a petition for approval, the particulars
that must be included in it and the documents that must be
attached to it.
(2) Before the petition for approval is submitted, the petitioner
shall check in the Register whether a pending petition for
approval or class action is recorded in it, in which all or some
of the substantive questions of fact or of Law shared by
members of the group are identical with or essentially similar
to the said questions that arise in the petition for approval; if
the petitioner found that a said petition for approval or class
action is registered in the Register, then he shall state its
particulars in his petition for approval.
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(b)
(1)
(2)
A petition for approval shall be submitted to the Court that
has substantive and local jurisdiction to hear the class action
if it is approved, and in respect of substantive jurisdiction the
aggregate amount or value of the claims of all members of
the group, in whose name the petition for approval is
submitted, shall be deemed the amount of the action or the
value of its subject.
A petition for approval against an authority, in an action in
which the grounds are a decision by the authority, and in
which the requested relief is compensation or restitution,
including the restitution of amounts the authority collected as
a tax, fee or other mandatory payment, shall be submitted to
the Administrative Affairs Courts; in this subsection,
"decision by the authority" – as defined in section 2 of the
Administrative Affairs Courts Law.
Notice that a petition for approval was submitted and registration
in the Register
6.
(a) When a petition for approval has been submitted, the petitioner
shall send a notice of its submission to the Director of Courts,
together with a copy of the petition and of the text of the action
that is the subject of the petition, so that they be entered in the
Register.
(b) The Minister may prescribe provisions how the notice under this
section is to be delivered and on the particulars that must be
included in it, and he may also prescribe the obligation to serve
notice that a petition for approval was submitted, together with a
copy of the petition and of the text of the action that is the subject
of the petition – in general or for categories of petition for
approvals – to a body or an office holder, all as he shall prescribe;
the Court may order that a notice on the petition for approval or a
copy of the petition also be served on some other factor.
Previous petition for approval or previous class action
7.
(a) (1) If the Court to which a petition for approval was submitted
concludes that a previous petition for approval or a previous
class action is pending, in which common issues of fact or of
Law arise that are similar to the issues raised in the petition
for approval, then it may – if it deems it justified to do so
under the circumstances – order that hearing the petition for
approval be transferred to the Court, to which the previous
petition for approval or the previous class action was
submitted, and if the judge or the bench that will hear the
previous petition or the previous action has been named,
then to that judge or bench.
(2) If the Court concludes that what is said in paragraph (1)
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(b)
(c)
applies, and if the group in whose name the later petition
was brought is identical with or essentially similar to the
group in whose name the former class action was brought,
then the Court shall order that the hearing of the later
petition for approval be transferred to the Court to which the
former petition for approval or the former class action was
brought, and if the judge or the bench that will hear the
previous petition or the previous action has been named,
then to that judge or bench.
The provisions specified below shall apply to the Court, to which
the hearing said in subsection (a) was transferred:
(1) in respect of a previous petition for approval, hearing of
which has not yet begun – the Court may order that the later
petition for approval be joined to the former petition for
approval and hear them together, or that all or part of one of
the petitions by squashed, and it may order that a petitioner
or a representative attorney be added or replaced, all so that
the group's interests be represented and conducted in the
best and most effective manner;
(2) in respect of a previous petition for approval, hearing of
which has begun – the Court may order as said in paragraph
(1), except that it shall not order replacement of the
petitioner who brought the previous petition for approval or
the representative attorney, unless it is satisfied that that is
necessary so that the group's interests be represented and
conducted in the best and most effective manner, all while
taking into account the stage which the hearing of the
petition for approval has reached;
(3) in respect of a previous class action brought in the name of
all or part of the same group – the Court shall order the later
petition for approval to be quashed in whole or in part, but it
may rule otherwise for special reasons that shall be
recorded, on condition that it not order additional grounds for
claims or additional members of the group to be added,
unless it concluded that all the conditions and procedures
required under this Law for the approval of a class action
were complied with in respect of the said grounds for claims
or members of the group; if the Court ordered an aforesaid
addition, then its decision shall be treated like a decision on
a petition for approval.
The Court shall order as said in subsection (b)(1) to (3) only after
it has given the parties an opportunity to present their arguments
on this matter.
Court approval of a class action
8.
(a) The Court may approve a class action, if it found that the following
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(b)
(c)
hold true:
(1) the action raises substantive questions of fact or of Law in
common to all members of the group, and it is reasonably
possible that they will be resolved in the group's favor;
(2) under the circumstances of the case, a class action is the
efficient and fair method for a resolution of the controversy;
(3) there are reasonable grounds to assume that the interest of
all members of the group will be appropriately represented
and conducted; the defendant must not appeal or petition to
appeal a decision on this matter;
(4) there are reasonable grounds to assume that the interest of
all members of the group will be represented and conducted
in good faith.
Notwithstanding the provisions of subsection (a) –
(1) if a petition for approval was brought against the State, any
of its authorities, a local authority or a body corporate
established by Law, and if the Court is satisfied that the very
fact of conducting the procedure as a class action is
expected to cause severe harm to a public that uses the
defendant's services or to the public in general, as against
the expected benefit members of the group and or the public
will derive from its being conducted in this manner, and if the
damage cannot be prevented by approval with changes, as
said in section 13, then the Court may take that into
consideration when it decides whether to approve the class
action;
(2) if a petition for approval was brought against a body that
provides an essential service to the public, a banking
corporation, stock exchange, clearing house or insurer, and
if the Court is satisfied that the very fact of conducting the
procedure as a class action is expected to cause severe
harm to a public that uses the defendant's services or to the
public in general, because of harm to the defendant's
economic stability, as against the expected benefit members
of the group and the public will derive from its being
conducted in this manner, and if the damage cannot be
prevented by approval with changes, as said in section 13,
then the Court may take that into consideration when it
decides whether to approve the class action.
(1) The Court may approve a class action even if the conditions
said in subsection (a)(3) or (4) have not been met, if it
concludes that those conditions can be assured by the
addition or replacement of a representative plaintiff or of a
representative attorney, or in some other manner; if the
Court approved a class action in accordance with the
provisions of this paragraph, then in its decision it shall give
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(d)
directions to assure the appropriate and good faith
representation and conduct of the interests of the members
of the group, as said in that subsection.
(2) If the Court concludes that all the conditions said in
subsection (a) have been met, but that the conditions in
section 4(a)(1) to (3), as the case may be, are not complied
with in respect of the petitioner, then the Court shall approve
the class action, but in its Order it shall order the
representative plaintiff to be replaced.
A decision to approve a class action under this section may be
appealed, if permission to do so was given in the body of the
decision or by the Court of Appeal.
Petition for approval in an action for restitution against an authority –
special provisions
9.
(a) When a petition for approval was brought in an action specified in
item 11 of Schedule Two (in this Law: action against an authority
for restitution), then the Court shall hear it only after ninety days
have passed since the petition for approval was submitted, and
the Court may extend that period for reasons that shall be
recorded (in this section: the determining date).
(b) The Court shall not approve a class action in an action for
restitution against an authority, if the authority announced that it
will stop the collection in respect of which the petition for approval
was brought, and it was proven to the Court that it stopped the
said collection by the determining date at the latest.
(c) If the Court decided as said in subsection (b), then it may –
(1) notwithstanding the provisions of section 22, adjudge
compensation for the petitioner, having taken the
considerations said in section 22(b) into account;
(2) determine legal fees for the representative attorney in
accordance with the provisions of section 23.
Defining the group
10. (a) When the Court has approved a class action, then in its decision it
shall define the group in whose name the action shall be
conducted; a person, the grounds for whose claim arose after the
date on which the aforesaid class action was approved, shall not
be included in the group.
(b) Notwithstanding the provisions of subsection (a), the Court may
permit a person to be added to the group it defined under that
subsection, even if he was not included in it under the Court
decision said in that subsection, and that up to a date it shall
prescribe; if the Court permitted as aforesaid, then it shall order
how notice thereof shall be given to persons joined to the group,
and it may order that a notice thereof also be given to the
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(c)
members of the group or to some other factor, if it concluded that
that is justified under the circumstances of the case; notice under
this subsection shall also be given to the Director of Courts, to be
entered in the Register.
The Court may define a subgroup, if it finds that questions of fact
or of Law not common to all members of the group arise in
respect of part of its members; if the Court defined a said
subgroup, then it may order that a representative plaintiff or a
representative attorney be appointed for the subgroup, if it deems
that necessary in order to assure that the subgroup's interests be
represented and conducted appropriately.
Leaving the group
11. (a) When the Court has approved a class action, then every member
of the group defined by the Court, as said in section 10(a), in its
decision is deemed to have agreed that the class action be
brought in his name, unless he informed the Court of his desire
not to be included in the group within 45 days of the day on which
the Court's decision to approve the class action was published or
within a longer period prescribed by the Court.
(b) On the petition of a person included in the group said in
subsection (a), who asks not to be included in it, the Court may
extend in his respect the period said in that subsection, if it finds
that there is a special reason for doing so.
Class action by way of adherence
12. (a) Notwithstanding the provisions of sections 10 and 11, the Court
that approved a class action may – under special circumstances
that justify doing so, including the circumstances said in
paragraphs (1) and (2) below – direct in the aforesaid Order of
approval that the group, in whose name the class action is to be
carried on, include only persons who inform the Court in writing –
in a manner and by the time prescribed by the Minister – that they
desire to adhere to the action and who are entitled to bring action
in their own name on grounds for a claim that are the subject of
the action (in this section: adherent), on condition that it is
reasonably possible to identify and locate the members of the
group in whose name the petition for approval was brought, and
to inform them of the class action's approval, all at a reasonable
cost:
(1) it is reasonably possible that a significant part of the
members of the group, in whose name the petition for
approval was brought, will bring action on the grounds for
the claim that is the subject of the class action;
(2) the amount of the action or the value of its subject is
considerable in respect of each member of the group in
8
(b)
(c)
(d)
whose name the petition for approval was brought, also in
the case of an action for bodily harm;
The Court shall order as said in subsection (a) only after it gave
the representative plaintiff and the defendant an opportunity to
present their arguments on this matter.
If the Court ordered as said in subsection (a), then it may – in the
decision of approval said in that subsection – prescribe that every
adherent participate in the expense of conducting the class action,
in an amount and on conditions that it shall prescribe; when the
Court has ordered as aforesaid, then it shall order how notice of
the decision shall be communicated to the adherents.
The provisions of this section shall not apply to a class action on
grounds specified in Schedule Three.
Approval with changes
13. The Court may approve a class action with any change in respect of the
petition for approval, on which it may decide, all as it shall deem proper
in order to assure the fair and efficient conduct of the class action.
Decision on the approval of a class action
14. (a) When the Court has approved the class action, then in its
decision it shall specify, inter alia, all the following:
(1) the definition of the group, in whose name the action shall
be conducted, and the definition subgroups, if any;
(2) the identity of the representative plaintiff and of the
representative attorney;
(3) the grounds for the action and the questions of fact or of
Law that are common to the group;
(4) the claimed relief.
(b) Notice of the Court's decision to approve the class action or to
reject a petition for approval shall be delivered to the Director of
Courts, together with a copy of the decision, to be entered in the
Register.
Participating in hearings
15. (a) The Court may permit a member of the group, in whose name a
class action is being conducted – and also a public authority that
works to advance a public purpose connected to the matter with
which the class action deals, or an organization approved by the
Minister for this purpose that works to advance a said purpose –
and who are not the representative plaintiff, to participate in
hearings of the class action, if it concluded that that is necessary
for the efficient and fair conduct of the class action, and also – in
respect of a member of the group – for the defense of that group
member's interest, and in respect of the public agency or
organization – for the defense of the interest of the members of
9
(b)
(c)
the group.
When the Court has acceded to a request to participate in
hearings, as said in subsection (a), then it may prescribe provision
on the manner of the said participation.
The provisions of this section shall also apply, mutatis mutandis,
to requests to participate in hearings on a petition for approval.
Withdrawal from a petition for approval or from a class action
16. (a) A petitioner, representative plaintiff or representative attorney
shall withdraw from a petition for approval or from a class action
only with the Court's permission, and he shall also accept any
direct or indirect benefit from the defendant or from any other
person in connection with his said withdrawal only with the Court's
approval.
(b) If a petitioner, representative plaintiff or representative attorney
wishes to withdraw from a petition for approval or from a class
action, then to his petition to withdraw that he submits to the Court
he shall attach an affidavit, in which he properly reveals all
substantive particulars connected to the withdrawal.
(c) If the petitioner, representative plaintiff or representative attorney
withdrew from a petition for approval or from a class action, or if
the Court found that one of these cannot continue in his position
in relation to the petition or the action, then that shall not affect the
continued conduct of the petition for approval or of the class
action by another petitioner, representative plaintiff or
representative attorney, as the case may be.
(d) (1) If the Court approved the withdrawal of all petitioners or all
representative attorneys from a petition for approval, or if the
Court concluded that they are unable to continue in their
position in relation to the petition for approval, then the Court
may decide that a petition may be brought to appoint in their
places a representative plaintiff or a representative attorney,
as the case may be, within a period it shall prescribe, and
the Court may also order that a notice thereof be published,
all if it found that doing so is justified under the
circumstances of the case and taking into account the stage
that hearings on the petition for approval had reached; the
provisions said in paragraph (4) shall be stated in the notice;
(2) If the Court approved the withdrawal of all representative
plaintiffs or of all representative attorneys from a class
action, or if the Court concluded that they are unable to
continue in their position in relation to the class action, and if
within a period the Court prescribed no petition was
submitted to it to appoint in their place a representative
plaintiff or a representative attorney, as the case may be,
then the Court shall order that a notice thereof be published
10
(e)
in accordance with the provisions of section 25; the
provisions said in paragraph (4) shall be stated in the notice;
(3) a notice said in paragraphs (1) or (2) shall be delivered to
the Director of Courts, to be entered in the Register;
(4) when the Court has ordered publication of a notice said in
paragraphs (1) or (2), as the case may be, then any person
who under the provisions of section 4(a) was entitled to
petition for approval of the class action may petition the
Court – within 45 days after the said publication – that it
appoint him representative plaintiff in the class action, and
within the same period an attorney may petition the Court to
appoint him representative attorney in the action; if a said
petition for appointment was submitted after the Court
approved the class action, then the Court shall approve the
petition for appointment only if it concluded that the
conditions specified in section 8(a)(3) and (4) have been
met;
(5) if the Court approved the withdrawal of all petitioners, of all
representative plaintiffs or of all representative attorneys, or
if it concluded that they are unable to continue in their
position, as said in paragraphs (1) or (2), as the case may
be, and if no petition was submitted to appoint a
representative plaintiff or a representative attorney under the
provisions of this subsection, or if a said petition was
brought and was not approved, then the Court shall order
the petition for approval or the class action, as the case may
be, to be quashed.
The provisions of this section, except for the provisions of
subsection (d)(5) shall also apply, mutatis mutandis, to a
petitioner, representative plaintiff or representative attorney on
behalf of a subgroup.
Obligations of a representative attorney
17. In the performance of his duties, a representative attorney shall act
loyally and devotedly for the benefit of the group, in whose name the
petition for approval was brought, or of the group, in whose name the
class action is being conducted, as the case may be, as if it were his
principal, with the changes required by the fact that the proceeding is a
class action.
Petition to approve a compromise
18. (a) An agreement to settle the controversy, in respect of which a
petition for approval was brought or a class action was approved
(in this Law: compromise), shall only be made with the Court's
approval.
(b) A petition to approve a compromise shall be submitted to the
11
(c)
(d)
(e)
(f)
(g)
Court together with affidavits on behalf of the parties' attorneys, in
which they shall make fair disclosure of all the substantive
particulars that relate to the compromise.
If a petition to approve a compromise was submitted to the Court,
and if the Court did not see any reason for rejecting it in limine,
then it shall order that a notice about submission of the petition be
published under the provisions of section 25, and also that the
said notice, together with a copy of the petition, the compromise
and the action be sent to the Attorney General, to the Director of
Courts and to every other body or office holder that the Minister
will designate, and the Court may order that the same also be
sent to any other person it designates; a notice under this
subsection shall include the particulars of the compromise, in
respect of which the petition was brought, and the provisions of
subsections (d) and (f) shall be stated in it.
A person who belongs to the group, in whose name a petition for
approval of a compromise was submitted, a public authority that
works to advance a public purpose connected to the matter with
which the petition for approval or the class action deals, an
organization approved by the Minister for this purpose that works
to advance a said purpose, and also the Attorney General may
submit to the Court – within 45 days after the notice said in
subsection (c) was published or within a longer period set by the
Court – a reasoned written opposition to the compromise and to
the agreed recommendation on the matter of remuneration and
legal fees submitted under subsection (g)(2).
If objection was submitted as said in subsection (d), then the
petitioner or the representative plaintiff, as the case may be, and
the defendant may submit responses to the objection within a
period which the Court shall set.
If a member of the group does not wish the compromise to apply
to him, then he may petition the Court – within the time set for the
submission of objections under subsection (d) – that he be
allowed to leave the group to which the compromise will apply.
A compromise shall not include –
(1) grounds for claims, parties or group members that were not
included in the petition for approval or in the decision to
approve the class action; however, that shall not derogate
from a party's right to petition the Court for permission to
correct the petition for approval or the class action, as the
case may be, under any statute;
(2) a provision for the payment of compensation to the
petitioner or to the representative plaintiff, or legal fees to
the representative attorney, but the parties may submit an
agreed recommendation to the Court about payment of the
said compensation and legal fees, including their amount
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and conditions; when a said agreed recommendation was
submitted, its particulars shall be included in the notice said
in subsection (c).
Court approval of a compromise
19. (a) The Court shall approve a compromise only if it concluded that
the compromise is proper, fair and reasonable, taking the interest
of the members of the group into consideration, and if the petition
for approval of the compromise was submitted before the class
action was approved – also that there are, a priori, substantive
issues of fact or Law common to all members of the group, and
that concluding the procedure by a compromise is, under the
circumstances, the most efficient and fairest way of resolving the
controversy.
(b) (1) The Court shall approve a compromise only after it received
the opinion of a person it appointed for that purpose and
who has expertise in the sphere with which the petition for
approval or the class action deals (in this section: examiner),
unless the Court concluded that – because of special
reasons that shall be recorded – the opinion is not
necessary; the remuneration and expenses of the examiner
and how they are to be paid shall be prescribed by the
Minister.
(2) A person recommended by one of the parties, or a person
who submitted an objection to the compromise under
section 18(d), who advised one of the parties or gave it his
opinion in connection with the controversy, in respect of
which the petition for approval was brought or the class
action approved, shall not be appointed examiner.
(3) When an examiner has been appointed, the Court shall
transmit to him a copy of the petition for approval of the
compromise with all its attachments, and also of the
objections submitted under section 18(d); for the provision of
an opinion under this subsection, each party may submit any
material connected to the compromise to the examiner, and
the examiner may summon the parties in order to hear their
stand on this matter, and also in order to propose changes
in the compromise, all as he finds appropriate.
(4) In his opinion the examiner shall take note of the
advantages and disadvantages of the compromise, from the
point of view of all members of the group, taking all the
circumstances and any other matter into account, as the
Court shall prescribe.
(5) The examiner shall deliver his opinion to the Court within
sixty days after he was given a copy of the petition for
approval of the compromise, and the Court shall serve
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(c)
(1)
(2)
copies of the opinion on the parties; the parties may submit
written responses to the opinion to the Court within thirty
days after a copy thereof was served on them.
The Court's decision whether to approve the compromise or
reject it shall be reasoned, and it shall include – inter alia –
all the following:
(a) the definition of the group to which the compromise
applies;
(b) the grounds for the action, the substantive questions of
fact or Law that are common to all members of the
group and the relief claimed, as specified in the petition
for approval or as defined in the Court's decision under
section 14, as the case may be;
(c) the main points of the compromise.
In its decision under paragraph (1), the Court shall refer –
inter alia – to these considerations:
(a) the gap between the relief proposed in the compromise
and the relief the members of the group might have
received, if the Court had decided the class action in
favor of the group;
(b) objections submitted under section 18(d), and how
they were decided;
(c) the stage which proceedings have reached;
(d) the examiner's opinion, given under subsection
(b)(5);
(e)
(d)
(1)
(2)
the possible risks and gains in continuing to conduct
the class action, compared to the advantages and
disadvantages of the compromise;
(f) the grounds and relief, in respect of which a decision to
approve the compromise constitutes a verdict in
respect of the group members to whom the
compromise applies.
If the Court concludes that certain conditions must be
included in the compromise, such as it deems necessary in
order to protect the interests of the group members to whom
the compromise applies, to assure enforcement of the Law
or to supervise implementation of the compromise, including
conditions and provisions under section 20(a) to (c) or
conditions for leaving the compromise, then it shall inform
the parties to the compromise that its approval of the
compromise is conditional on their consent to those
conditions.
If the Court's decision to approve the compromise includes a
condition on leaving the compromise, then that decision
shall not constitute a verdict in respect of a group member
who informed the Court that he does not wish the
14
(e)
(f)
(g)
compromise to apply to him.
(3) In this subsection, "condition on leaving the compromise"
– a condition, according to which a member of the group
who does not wish the approved compromise to apply to
him, may inform the Court of that desire at a time and in a
manner that the Court shall prescribe.
A copy of the Court's decision under this section shall be sent to
the Director of Courts, and in respect of a decision to approve a
compromise a copy of the approved compromise with all its
attachments shall be attached to the copy of the decision, all in
order to be entered in the Register.
When the Court has approved a compromise, it shall prescribe
the remuneration of the petitioner or of the representative plaintiff,
as the case may be, in accordance with the provisions of section
22, and the legal fees for the representative attorney in
accordance with the provisions of section 23, and the Court may
take into account an agreed recommendation on this subject,
submitted to it by the parties.
If proceedings for the approval of a compromise took place and
the compromise was not approved by the Court, or if the Court's
approval for a compromise was canceled, then anything said or
determined in the course of those proceedings shall not be
evidence in any civil legal proceeding.
Proof of entitlement to relief and payment of monetary compensation
20. (a) If the Court decided all or part of a class action in favor of all or
part of the group in whose name the class action was conducted,
than as part of its decision to award monetary compensation or
other relief to members of the group it may make, inter alia, an
Order specified below, as the case may be, on condition that
doing so will not place an unnecessarily heavy burden on
members of the group or on the parties:
(1) to pay monetary compensation or to provide some other
relief, at a rate and in a manner that it will prescribe, to each
member of the group whose entitlement to the said
compensation or relief has been proven;
(2) that each member of the group prove his entitlement to the
compensation or other relief;
(3) to pay monetary compensation in an overall amount and
how to calculate the share of each group member, on
condition that the total compensation can be calculated
exactly on the basis of evidence before the Court: if the
Court ordered compensation to be paid in a said overall
amount, then it may order how the remaining amount is to
be divided among the members of the group in proportion to
their damage, if one or several members did not claim their
15
(b)
(c)
(d)
share, did not prove their entitlement to compensation or
relief, were not located or could not be paid their share for
some other reason; however, no member of the group shall
receive monetary compensation or other relief in excess of
the full compensation or relief due to him; if, after the said
distribution to the members of the group an amount is left,
then the Court shall order it to be transferred to the State
Treasury.
If the Court ordered that every group member prove his
entitlement to monetary compensation or other relief, then it may
make Orders about –
(1) how and when entitlement shall be proven by members of
the group and how it is to be divided, and for that purpose it
may appoint a person with suitable qualifications (in this
section: the appointee); if the Court decided to appoint an
appointee, then any person who deems himself injured by
an act or omission of the appointee may apply to the Court
that ordered the appointment and the Court may approve,
cancel or change the act or omission and make any Order
on this matter, all as it finds proper; the appointee's pay and
expenses, as well as how they shall be paid, shall be
prescribed by the Court;
(2) the payment of expenses to a group member, in an amount
to be set by the Court or by the appointee, for the trouble
involved in proving entitlement to the said compensation or
relief.
If the Court concluded that, under the circumstances, monetary
compensation for all or some members of the group is not
practical, either because they cannot be identified and the
payment cannot be made at a reasonable cost, or because of
some other reason, then it may order other relief to be given for
the benefit of all or part of the group or for the benefit of the
public, as it deems appropriate under the circumstances of the
case.
(1) If the Court decided all or part of a class action, which was
brought against the State, one of its authorities, a local
authority or a body corporate established by Law, in favor of
all or part of the group, then – when it is about to decide the
amount of compensation and how it is to be paid – it may
also take into account the damage that is liable to be caused
by the payment of compensation, its amount or the manner
of its payment, to the defendant, to the public that uses the
defendant's services or to the general public, as opposed to
the expected benefit for members of the group or for the
public.
(2) If the Court decided all or part of a class action, which was
16
(e)
(f)
brought against a defendant not enumerated in paragraph
(1) in favor of all or part of the group, then – when it is about
to decide the amount of compensation and how it is to be
paid – it may also take into account the damage that is liable
to be caused – by the payment of compensation, its amount
or the manner of its payment – to the defendant, to the
public that uses the defendant's services or to the general
public by damaging the defendant's economic stability, as
opposed to the expected benefit for members of the group
or for the public.
In a class action the Court shall not adjudge exemplary
compensation and it shall also not adjudge compensation without
proof of damage, except in an action specified in item 9 of
Schedule Two, but the aforesaid shall not prevent the award of
compensation for other than monetary damage.
The Court may make Orders about supervision over the
implementation of its judgment under this section.
Relief by restitution in a class action against an authority –
special provisions
21. If the Court approved a class action in a claim of restitution against an
authority, then it shall not obligate the authority to make restitution in
respect of a period of more than 24 months before the date on which
the petition for approval was brought; the provisions of this section shall
not derogate from the right of a member of the group, in whose name
the action is being conducted, to sue on the same grounds also for
relief in respect of additional periods.
Compensation for the representative plaintiff
22. (a) If the Court decided all or part of a class action in favor of all or
part of the group, also by way of approving a compromise, then it
shall order compensation to be paid to the representative plaintiff,
taking into account considerations said in subsection (b), unless it
concluded – for special reasons that shall be recorded – that that
is not justified under the circumstances of the case.
(b) When it sets the amount of compensation the Court shall, inter
alia, take these considerations into account:
(1) the effort exerted and the risks assumed by the
representative plaintiff by bringing and conducting the class
action, especially if the relief requested in the action is
declaratory relief;
(2) the benefit which the class action yielded for members of the
group;
(3) the degree of public importance of the class action.
(c) In special cases and for special reasons that shall be recorded,
the Court may –
17
(1)
(2)
adjudge compensation to the petitioner or representative
plaintiff, even if the class action was not approved or if the
class action was not decided in favor of the group, as the
case may be, taking the considerations said in subsection
(b) into account;
adjudge compensation to an organization that participated in
hearings of the class action under the provisions of section
15, if it found that to be justified by the trouble taken and the
contribution made by its said participation in the hearings.
Legal fees of a representative attorney
23. (a) The Court shall set the representative attorney's legal fees for
conducting the class action, including the petition for approval; the
representative attorney shall not accept legal fees in excess of the
sum determined by the Court as aforesaid.
(b) When it sets the representative attorney's legal fees under
subsection (a), the Court shall, inter alia, take the following
considerations into account:
(1) the benefit which the class action yielded for members of the
group;
(2) the complexity of the proceeding, the trouble taken by the
representative attorney and the risk he assumed by bringing
and conducting the class action, as well as the expenses he
incurred for that purpose;
(3) the degree of public importance of the class action;
(4) the manner in which the representative attorney conducted
the proceeding;
(5) the gap between the relief sought in the petition for approval
and the relief adjudged by the Court in the class action.
(c) The Court may adjudge partial legal fees for the representative
attorney, on account of the overall legal fees, even before the
class action proceeding was concluded, if it concluded that this is
justified under the circumstances of the case, and as far as
possible taking the considerations said in subsection (b) into
account.
Res judicata
24. The judgment in a class action shall constitute an adjudged matter in
respect of all members of the group, in whose name the class action
was conducted, except where this Law explicitly provides otherwise.
Giving notice to members of the group
25. (a) Notice about all of the following shall be given to members of the
group in accordance with the provisions of this section :
(1) the Court's decision to approve a class action, under the
provisions of section 8; the particulars enumerated in section
18
(b)
(c)
(d)
(e)
14(a) shall be specified in the notice under this paragraph;
(2) the Court's decision to permit all representative plaintiffs or
all representative attorneys to withdraw from the class
action, or the Court's determination that all the said plaintiffs
and attorneys are unable to continue in their positions, as
said in section 16(d)(2), the appointment of a representative
plaintiff or of a representative attorney, as said in section
16(d)(4), or a decision to quash a class action, as said in
section 16(d)(5);
(3) submission of a petition for approval of a compromise;
(4) the Court's decision to approve a compromise under the
provisions of section 19; the particulars enumerated in
section 19(c)(1) and (2) shall be specified in the notice under
this paragraph;
(5) the Court's judgment of the class action, including the
Orders and decisions handed down under sections 20, 22
and 23.
The Court may order that notices be published in addition to the
notices specified in subsection (a), if it finds that necessary in
order to assure the fair and efficient conduct of the proceeding
and of the group's representation.
The Minister may prescribe that a notice published under this
section, either in general or for categories of petitions for approval
or of class actions, be served on members of the group, on
bodies or on office holders, all as he shall prescribe; the Court
may order that notices published under this section be served on
members of the group.
The formulation of notices said in subsections (a) and (b), their
format and how they are presented shall be brought to the Court
for approval before they are published; a notice, the subject of
which is a Court decision or direction, or a compromise shall
include the main points of the decision, direction or compromise,
as the case may be, as well as a referral to the Register and to
other places where the full texts, including their attachments, may
be viewed.
Publication of a notice under this section shall be in the manner
and at the time prescribed by the Court, and it may prescribe
different manners of publication for different categories of group
members, all while taking into account – inter alia – the following
considerations:
(1) the expenses involved in a form of publication and the
degree of its effectiveness;
(2) the extent of monetary compensation or other relief that
each member of the group is likely to get, if the class action
is decided in the group's favor, and the extent of the damage
liable to be caused to each member of the group, if the class
19
(f)
(g)
action is rejected;
(3) the estimated number of group members and the ability to
identify and locate them with reasonable effort and at
reasonable cost;
(4) the ability to give notice personally to group members with a
reasonable effort and at reasonable cost, also through
continuous communication in existence between a party and
some or all members of the group;
(5) special characteristics of group members, including
language.
The Court may make some or all the parties responsible for
publication of a notice and for all or part of the costs of
publication, as it deems efficient and fair under the circumstances.
If the Court ordered a person to publish a notice under this
section, then that person shall send a copy of the notice to the
Director of Courts for entry into the Register.
Prescription
26. (a) When the Court has approved a class action under the provisions
of section 8, then for purposes of prescription every person who
belongs to the group defined by the Court under the provisions of
section 10 shall be deemed to have brought action on the date on
which the petition for approval was submitted.
(b) If the Court rejected a petition for approval or canceled it, then the
period of prescription for an action by a person, who belongs to
the group in whose name the petition for approval was brought
and which arises out of the same grounds for action, shall not end
sooner than one year after the day on which the decision on the
petition for approval became final, on condition that the
prescription of that person's action had not occurred by the date
on which the petition for approval was brought.
(c) If, under the provisions of section 10, the Court defined the group
in whose name the class action is to be conducted so that it does
not include all persons in the group in whose name the petition for
approval was submitted, or if the Court decided to change the
definition of the group, then the period of prescription for an action
by a person not included in the said definition of the group, which
arises out of the same grounds for action, shall not end sooner
than one year after the day on which the Court's decision on the
definition of the group became final, on condition that the
prescription of that person's action had not occurred by the date
on which the petition for approval was brought.
(d) If a person announced, under the provisions of section 11, his
desire not to be included in the group in whose name the class
action will be conducted or of his desire that a compromise not
apply to him under the provisions of section 18(f) or 19(d), then
20
(e)
the period of prescription of his action that arises out of the same
grounds for action shall not end sooner than one year after the
day on which he so announced, on condition that the prescription
of that person's action had not occurred by the date on which the
petition for approval was brought.
If the Court ordered that the group in whose name the class action
is to be conducted shall include only persons who informed the
Court of their desire to join it, in accordance with the provisions of
section 12, then the period of prescription of the action of a
person who belonged to the group in whose name the petition for
approval was brought and who did not give notice of his desire to
join the class action, that arises out of the same grounds for
action, shall not end sooner than one year after the last day on
which he was to have announced his said desire, on condition
that the prescription of that group member's action had not
occurred by the date on which the petition for approval was
brought.
Fund for financing class actions
27. (a) A fund to finance class actions is hereby established (in this
section: the Fund), in order to assist representative plaintiffs to
finance the submission and hearing of petitions for the approval of
class actions of public and social importance.
(b) The Fund shall be managed by a Board of nine members
appointed by the Minister (in this section: the Board), and these
shall be its members:
(1) a person qualified to be a district judge, who is not a State
employee, and he shall be the chairman;
(2) a representative of the Consumer Protection Commissioner,
within the meaning of the term in the Consumer Protection
Law;
(3) a representative of the Controller of Restrictive Business
Practices, within the meaning of the term in the Restrictive
Business Practices Law;
(4) a representative of the Supervisor of Banks, within the
meaning of the term in the Banking Ordinance 1941;
(5) a representative of the Commissioner, within the meaning of
the term in the Benefit Funds Law;
(6) a representative of the Ministry of the Environment;
(7) a representative of the Commission for Equal Rights for
Persons with Disabilities;
(8) a representative of the Attorney General;
(9) a representative of the public with knowledge and
experience in the Fund's sphere of activity.
(c) At the end of each budget year the Minister shall publish a report
on the Fund's activity, income and expenditures in Reshumot and
21
(d)
(e)
(f)
(g)
on the Internet site of the Ministry of Justice.
The Fund's budget shall be prescribed each year in the annual
budget law in a separate program in the budget of the Ministry of
Justice; for this purpose, "annual budget law" and "program" –
within their meaning in the Foundations of Budgets Law 57451985.
The Minister shall prescribe provisions for the implementation of
this section, also in respect of egalitarian criteria for the extension
of aid to finance petitions for approval and class actions, how the
said criteria are to be published, and also on the way applications
for the said assistance are to be submitted, the order of the
Board's work and the reports to be submitted by recipients of the
assistance on the use made of the money.
(1) The Fund shall operate during a seven year period after the
day on which this Law was published; however, the Minister
may extend the said period by Order for an additional period
(in this section: extension period); if the period was extended
as aforesaid, then the provisions of this section shall apply
during the extension period, but the applicability of
subsection (d) during that period requires the consent of the
Minister of finance, and if the Minister of Finance did not
give his consent, then the matter shall be brought to the
Government for its decision.
(2) When the period of the Fund's activity came to an end
according to the provisions of paragraph (1) and a balance
of money is left in the fund, which was not used until the end
of the said period, then – notwithstanding the provisions of
that paragraph – the Fund shall continue to act with that
money according to its responsibilities, as specified in
subsection (a), until the said balance is used up, and that
subject to every statute.
Assistance under this section shall not be extended in order to
finance class actions said in section 209(a) of the Companies
Law, and in section 41 of the Joint Investments Trust Fund Law,
and also not for petitions for the approval of aforesaid class
actions.
Register of Class Actions
28. (a) The Director of Courts shall keep a Register of Class Actions (in
this Law: the Register), in which the notices given him under
sections 6(a), 10(b), 14(b), 16(d)(3), 18(c), 19(e) and 25(g), as
well as every other particular prescribed by the Minister, shall be
entered; the Register, as well as the documents delivered to the
Director of Courts with the said notices, shall be open for viewing
by the public on the Internet site of the Directorate of Courts.
(b) The Minister shall prescribe provisions for the implementation of
22
(c)
this section, also about the particulars of entry in the Register and
about arrangements for viewing it.
The Director of Courts shall begin to keep the Register within one
year after publication of this Law; the Minister shall publish – in
Reshumot and also in a widely circulated daily newspaper
published in Israel in the Hebrew language – a notice of the date
on which the Register began to be kept.
The State
29. This Law shall apply to the State.
Changing the Schedules
30. The Minister may, by Order with approval by the Knesset Constitution,
Law and Justice Committee –
(1) change Schedule One;
(2) add to Schedule Two after consultation with the Minister of
Finance;
(3) add to Schedule Three.
Implementation and regulations
31. (a) The Minister is charged with the implementation of this Law and
he may, with approval by the Knesset Constitution, Law and
Justice Committee, make regulations for its implementation.
(b) Notwithstanding the provisions of subsection (a), regulations that
prescribe law procedures on anything related to petitions for
approval or to class actions shall not require approval by the
Knesset Constitution, Law and Justice Committee.
The following sections amend the different Laws that are specified below.
We shall incorporate provisions of those amendments into our translations of
the Laws referred to. Their effect is as specified below - Tr.
Section 32:
Section 33:
Section 34:
Section 35:
Section 36:
Section 37:
repeals Chapter Five "A of the Control of Financial Services
(Insurance) Law 5741-1981;
repeals Chapter Six "A" of the Consumer Protection Law
5741-1981;
repeals Chapter Three "A" of the Banking (Service to
Customers) Law 5741-1981;
repeals Chapter Six "A" of the Restrictive Business Practices
Law 5748-1988;
changes sections 10, 11, 12(a) and 13; replaces section 14,
and replaces item 2 and repeals item 3 in the Schedule of
the Prevention of Environmental Nuisances (Civil Suits) Law
5752-1992;
replaces section 41 of the Joint Investments Trust Law
5754-1994
23
Section 38:
Section 39:
Section 40:
Section 41:
Section 42:
Section 43:
repeals section 11 and changes section 15(b) of the Equal
Pay for Male and Female Employees Law 5756-1996;
repeals sections 19BBB to 19LLL of the Equal Rights for
Persons with Disabilities Law 5758-1998;
repeals Article Two in Chapter Three of Part Five and
changes section 209(a) of the Companies Law 5759-1999;
adds item 2 to Schedule Three of the Administrative Affairs
Courts Law 5760-2000;
repeals section 53 of the Control of Financial Services
(Benefit Funds) Law 5765-2005;
changes section 12(b) of the Television Broadcasts (Foot
Titles and Sign Language) Law 5765-2005.
Must make regulations on fees
44. Within six months after the publication of this Law, the Minister shall
bring regulations under sections 83(a)(3) and 108(a)(4) of the Courts
Law [Consolidated Version] 5744-1984 about fees for procedures under
this Law to the Knesset Constitution, Law and Justice Committee for
approval.
Effect, applicability and transitional provisions
45. (a) Sections 5(a)(2), 6(a), 10(b) in respect of sending a notice to the
Director of Courts about joining a person to a group, 14(b),
16(d)(3),18(c) in respect of sending notice to the Director of
Courts that a petition for approval of a compromise was
submitted, 19(e), 25(d) about referral to the Register, and 25(g)
shall go into effect within thirty days after the Register began to be
kept, as said in section 28(c).
(b) The provisions under this Law, other than the provisions of
regulations about fees, as said in section 44, shall also apply to
petitions for the approval of a class action and to class actions
that were pending before a Court on the day this Law was
published.
(c) (1) If a petition for approval was pending on the day this Law
was published and if one of the conditions specified below
holds true for it, then – for purposes of counting the
prescription period – it shall be treated as if it had been
submitted on the day on which this Law was published;
(a) the petition was brought otherwise than under one of
the arrangements specified in sections 32 to 43, as
they stood immediately before their repeal by this Law;
(b) its grounds are not among the grounds, for which a
class action could have been approved under one of
the arrangements said in subparagraph (a).
(2) Notwithstanding the provisions of any statute, if a petition for
approval of a class action said in paragraph (1) was rejected
24
(3)
(d)
(1)
(2)
(3)
before this Law was published, then – for purposes of the
prescription period of the action that is the subject of the
petition – the time between submission of the petition and its
rejection shall be taken into consideration; for this purpose,
"rejection" within its meaning in section 15 of the
Prescription Law 5718-1958.
The provisions of this subsection shall not apply to the
period of prescription of a personal action brought by the
person who brought the petition for approval of a class
action as said in paragraph (1), on the grounds that are the
subject of the petition for approval.
Petitions for approval, which were submitted from the day on
which this Law was published until the day on which
regulations about fees, as said in section 44, and also class
actions approved under said petitions for approval shall be
exempt of the payment of Court fees.
If – on the day this Law was published – a petition for
approval of a class action, as said in section 5(b)(2), was
pending, then the Court that hears the petition shall order its
transfer to the Administrative Affairs Court; if a class action
said in section 5(b)(2) was pending on the day this Law was
published, then the Court that hears the petition may
transfer it to the Administrative Affairs Court, taking into
account the stage which hearing the action had reached; the
Administrative Affairs Court to which a petition or an action
under this paragraph was transferred may continue to hear it
from the stage at which its predecessor had stopped.
In respect of a petition for approval of a class action against
an authority for restitution, which was brought before the day
on which this Law was published, the day on which this Law
was published shall be deemed the day on which the count
of the period said in section 9(a) begins, instead of the date
on which the petition for approval was submitted.
25
SCHEDULE ONE
(Section 1 – Definition of "Public Authority")
1.
2.
3.
The Commission for Equal Rights for Persons with Disabilities;
the Nature Protection and National Parks Authority;
the Commission for Equal Opportunities at Work.
SCHEDULE TWO
(Section 3(a) – Claims for which Petitions for the Approval of
Class Actions May Be Submitted)
1.
2.
3.
4.
5.
6.
7.
8.
9.
A claim against a dealer, as defined in the Consumer Protection Law, in
connection with a matter between him and customers, whether or not a
transaction was contracted between them;
a claim against an insurer, insurance agent or management company,
in connection with a matter – insurance contracts or benefit fund bylaws – between them and a client, whether or not a transaction was
contracted between them;
a claim against a banking corporation, in connection with a matter
between it and a client, whether or not a transaction was contracted
between them;
a claim on grounds under the restrictive Business Practices Law;
a claim on grounds that arise out of a connection to a security or unit;
for this purpose –
"connection" – ownership, possession, purchase or sale;
"unit" – within its meaning in the Joint Investments Trust Law;
"security" – within its definition in the Companies Law, and also
securities, as defined in section 52 of the Securities Law 5728-1968;
a claim in connection with an environmental nuisance against the
person that causes it; for this purpose, "person that causes it",
"environmental nuisance" – within their meaning in the Prevention of
Environmental Nuisances Law;
a claim on grounds under the Prohibition of Discrimination in Respect of
Products, Services and Entry to Places of Entertainment and Public
Places Law 5761-2000;
(1) a claim on grounds of discrimination at work, under the Equal
Opportunities at Work Law 5748-1988;
(2) a claim on aforesaid grounds under the Equal Pay for Male and
Female Employees Law 5756-1996;
(1) claims on grounds under Chapters Four, Five or Five "A" of the
Equal Rights for Persons with Disabilities Law;
(2) a claim on grounds under the accessibility regulations under the
26
Planning and Building Law 5725-1965, as defined in section 19A
of the Equal Rights for Persons with Disabilities Law;
(3) a claim under the provisions of the Television Broadcasts (Foot
Titles and Sign Language) Law 5765-2005;
10. (1) a claim on grounds over which a Regional Labor Tribunal has
exclusive jurisdiction under section 24(a)(1), (1a) or (3) of the
Labor Tribunals Law 5729-1969, on condition that as part thereof
no relief is claimed of delay in the payment of a pension
compensation, wage delay compensation or severance pay delay
compensation under the provisions of sections 16, 17 and 20 of
the Wage Protection Law 5718-1958;
(2) an employee's claim under section 6A of the Minimum Wage Law
5747-1987, an employee's claim on grounds under sections 2 and
3 of the Right to Work while Seated Law 5767-2007, or under the
Employment of Employees by Manpower Contractors Law 5756-1996;
(3) in this item –
"claim" – other than the claim by an employee, to whom a
collective agreement applies that arranges the terms of his
employment, and that employee's employer or the employer
organization to which he belongs is a party to the collective
agreement;
"collective agreement" – a collective agreement under the
Collective Agreements Law 5717-1957, or a written collective
arrangement;
11. a claim against an authority for the restitution of amounts it collected
unlawfully as tax, rates of other compulsory payments;
12. an action against an advertiser, as defined in section 30A of the
Communications (Telecommunications and Broadcasts) Law 57421982, on grounds according to the said section.
SCHEDULE THREE
(Section 12(d) – Restrictions on Class Action by Way of Adherence)
1.
2.
A claim on grounds under the Restrictive Business Practices Law;
a claim on grounds that arise out of the connection to a security or unit;
for this purpose –
"connection" – ownership, possession, purchase or sale;
"unit" – within its meaning in the Joint Investments Trust Law;
"security" – within its definition in the Companies Law, and also
securities, as defined in section 52 of the Securities Law 5728-1968.
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