Gornitzky represented Sapphire D.N. Retail Ltd. in a motion to approve a class action filed against it (along with Shufersal, Rami Levy and Co-op), in which it was claimed that the respondents breached legal provisions once they made deliveries to customers in vehicles that do not include proper means of refrigeration. Following the court’s acceptance of the Ministry of Health’s standpoint, the sides agreed that the court shall first decide on the legal matter as to whether or not the laws presented in the motion state that the delivery of goods using refrigerated trucks is mandatory.
The court accepted the respondents’ position and ruled that the laws to which the plaintiff made reference to are irrelevant since they have to do with the delivery system to the retail branch, not from the retailer to the consumer. Furthermore, the court accepted Gornitzky’s position that the Ministry of Health admitted that as of yet there is no regulation regarding the delivery of goods from the retailer to the consumer and that the Ministry was currently pursuing the matter.
Sapphire D.N. Retail Ltd. was represented by Noam Ronen (Partner) and Nimrod Saville (Associate).
