Our firm represented the Dan Public Transportation Company Ltd. in a motion to certify a claim as a class-action filed by a Dan passenger claiming that Dan allegedly conditions the purchase of a single trip ticket on the public-transportation lines it operates on the purchase of an anonymous Rav-Kav ticket at an extra cost of NIS 5. By doing so, the passenger claimed, the total price charged exceeds the price set by the provisions of the applicable law. Before Dan filed its response to the motion to certify the passenger’s claim as a class-action, Dan filed a precedent-setting motion for dismissal in limine, claiming that the motion constitutes an indirect attack of the Ministry of Transport’s policy with respect to ticket sales as implemented by Dan, which should have been conducted in an appropriate administrative proceeding, and not in a motion to certify a claim as a class-action. The Tel Aviv-Jaffa District Court (Judge Berkowitz) exceptionally accepted the motion, and, in a reasoned judgment, dismissed the motion, while charging the applicant with Dan’s expenses.
Dan was represented by Senior Associate Tom Alkalay along with Associate Rachamim Cohen.
