Supreme Court: stores providing essential goods are prohibited from selling non-essential products

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by Ifi Reporter Category:Law Feb 2, 2021

The Supreme Court, headed by Justice Noam Solberg, granted a petition seeking an amendment to regulations to prevent essential stores, which may operate on closing days, from selling non-essential products.
The petitioners are companies that operate through franchisees businesses around the country, selling toys and similar products - they argued that the current policy, which allows the sale of non-essential products, while selling essential products, violates equality, without justification, and without achieving a proper purpose.
The petition was filed in the days of the second closure. At the time, the test that determined whether a store was essential was the 'main occupation' test: whether it was essential in providing essential products and services, or not. A store that has proven to pass this test, could have sold additional products at the same time, even if they were not essential. In connection with the investigation of the petition, this option was reduced to stores selling food products, hygiene, optics and pharma. The other essential stores, were required to sell only essential products, from a sample list set forth in the regulations. Between me and him, the second closure was lifted, followed by a third closure, which is still in effect these days.
Following a hearing, after a conditional order was issued, the government announced that the Minister of Health had positively considered making changes to the wording of the regulations, and banning the sale of certain product categories, which can be determined not to include essential products (eg toys). The occupation, but in light of the legal difficulties presented to him, finally decided not to change from the existing course of action.
After examining the legal difficulties presented in the government statement, Judge Solberg ruled that there was no real legal difficulty in these allegations. It was ruled, therefore, that there was no justification for continuing to harm the petitioners, and there is no impediment to changing the existing outline, as the Minister of Health positively considered doing.
Advocate Roi Cohen, President of Lahav in response to the Supreme Court's decision to repeal Knesset regulations for the sale of essential products "I congratulate the Supreme Court that did justice to the owners of the street shops, although late and at the end of the third closure the court accepted the petition. Will be able to sell only essential products and not non-essential products. Lahav joined as a friend of the court in the petition filed by the amusement park and Idan 2000 through Adv. Gideon Fischer and Adv. Matan Gutman. This achievement is a historic achievement of repealing regulations set by the Knesset by the Supreme Court and in fact it symbolizes to the Knesset that the Supreme Court accepted all the claims of the closed businesses that danced for ten months on the blood and took advantage of a cynical situation while they closed took the market *. Bo and stock chains have unhindered sold non-essential products such as toys, clothes, shoes * It is no longer possible for the big ones to be bigger and the smaller ones to be left to fend for themselves and get stuck with piles and piles of debt. "As a sign of death. Justice must not only be seen but done. Tens of thousands of businesses today received a line in the war I led that they will no longer be second-class citizens in the State of Israel."
Attorneys Gideon Fischer and Dr. Matan Gutman, representing the petitioners, said, “We are pleased that justice has been done not only for our clients but also for the tens of thousands of families who are trying to survive the harm to their businesses. "The High Court accepted our claim that the regulations are unconstitutional and for the first time in Israel he intervened in the regulations and rejected them. We congratulate the High Court judges, who proved that they are the stronghold of the citizens of Israel." 

 

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