LawCivil Law
Class Actions Law, 5766-2006
חוק תובענות ייצוגיות, תשס"ו-2006
Published: 2006-03-12Consolidated Hebrew text as of 2026-08-03 · Last amended 2026-07-28✓ Amendment status checked against the Knesset legislation record on 2026-09-28
Premium
Unofficial English translation — for reference only. It may contain errors or omissions and cannot be relied on as a legal text. Only the Hebrew text published in Reshumot is legally binding.More
This English text was translated from the official Hebrew using a range of translation tools, and it undergoes ongoing checks and updates. It is not a certified translation.
Despite these checks, it may contain errors, omissions, or imprecise renderings of legal terminology and cross-references, and it may not yet reflect the latest amendments. It cannot be relied upon as a legal text.
The Hebrew text as published in Reshumot (ספר החוקים) and on the Knesset website is the sole authoritative and legally binding version. In any discrepancy, the Hebrew text prevails.
This translation is provided for informational purposes only and does not constitute legal advice. For use in legal proceedings, request a certified Expert Legal Opinion.
Purpose of the Law§
1.
The purpose of this Law is to establish uniform rules regarding the filing and conduct of class actions, with a view to improving the protection of rights, and thereby to advance in particular the following:
(1)the realisation of the right of access to court, including for population groups that find it difficult to approach the court as individuals;
(2)the enforcement of the law and deterrence against its breach;
(3)the provision of appropriate relief to those harmed by a breach of the law;
(4)the efficient, fair and exhaustive management of claims.
Definitions§
2.
In this Law –
"organisation" means a corporation, other than a corporation established by law, or a trust, that has existed and operated on a regular and substantive basis for at least one year for the advancement of one or more public purposes, and whose assets and income are used solely for the attainment of those public purposes, provided that its activity is not on behalf of a political party or other political body, or in association with a party or body as aforesaid, or for the advancement of their purposes;
"representative counsel" means a lawyer representing an applicant or a representative plaintiff in an application for approval or in a class action, as the case may be;
"stock exchange" means a stock exchange in Israel as defined in the Companies Law;
"court" includes a Labour Court;
"application for approval" has the meaning given to it in section 5;
"the Register" has the meaning given to it in section 28;
"Administrative Courts Law" means the Administrative Courts Law, 5760-2000;
"Consumer Protection Law" means the Consumer Protection Law, 5741-1981;
"Economic Competition Law" means the Economic Competition Law, 5748-1988;
"Companies Law" means the Companies Law, 5759-1999;
"Insurance Supervision Law" means the Supervision of Financial Services (Insurance) Law, 5741-1981;
"Provident Funds Supervision Law" means the Supervision of Financial Services (Provident Funds) Law, 5765-2005;
"Joint Investments in Trust Law" means the Joint Investments in Trust Law, 5754-1994;
"Environmental Nuisances Prevention Law" means the Environmental Nuisances Prevention (Civil Actions) Law, 5752-1992;
"Equal Rights for Persons with Disabilities Law" means the Equal Rights for Persons with Disabilities Law, 5758-1998;
"managing company", "member" have the meanings given to them in the Provident Funds Supervision Law;
"insurer", "insurance agent" have the meanings given to them in the Insurance Supervision Law;
"applicant" means a person who has filed with the court an application for approval of a class action pursuant to section 5;
"clearing house" has the meaning given to it in section 50a of the Securities Law, 5728-1968;
"defendant" includes a respondent to an application for approval;
"public authority" means a body listed in the First Schedule;
"banking corporation" has the meaning given to it in the Banking (Service to Customer) Law, 5741-1981;
"representative plaintiff" means a person approved by the court, pursuant to the provisions of this Law, as a representative plaintiff in a class action;
"class action" means an action conducted in the name of a group of persons who have not authorised the representative plaintiff to act on their behalf, and which raises substantial questions of fact or law that are common to all members of the group;
"the Minister" means the Minister of Justice.
Filing a Class Action§
3.
(a)A class action shall not be filed except in a claim as set out in the Second Schedule or in a matter in respect of which an explicit statutory provision stipulates that a class action may be filed; notwithstanding the foregoing, a class action for compensation for harm caused by a third party shall not be filed against an authority where its cause of action is the exercise or non-exercise of the authority's supervisory, regulatory or enforcement powers in relation to that third party; in this subsection and in sections 5(b)(2), 9 and 21, "authority" has the meaning given to it in section 2 of the Administrative Courts Law.
(b)The filing of a class action requires the approval of the court, and the provisions of this Law shall apply to its filing and conduct.
Who May File an Application for Approval of a Class Action and on Whose Behalf§
4.
(a)The following persons may file with the court an application for approval of a class action as specified below:
(1)a person who has a cause of action in a claim or matter as referred to in section 3(a), which raises substantial questions of fact or law that are common to all members forming a group of persons – on behalf of that group;
(2)a public authority in a claim or matter as referred to in section 3(a), that falls within the scope of one of the public purposes with which the public authority is engaged – on behalf of a group of persons in respect of whom that claim or matter raises substantial questions of fact or law that are common to all members forming part of it;
(3)an organisation in a claim or matter as referred to in section 3(a), that falls within the scope of one of the public purposes with which the organisation is engaged – on behalf of a group of persons in respect of whom that claim or matter raises substantial questions of fact or law that are common to all members forming part of it, provided that the court is satisfied that, in the circumstances of the matter, there is difficulty in filing the application by a person as referred to in paragraph (1); however, the Israeli Consumer Council as defined in the Israeli Consumer Council Law, 5768-2008, shall be entitled to file an application for approval of an action as a class action, even if there is no difficulty in filing the application by a person as referred to in paragraph (1).
(b)For the purposes of this section, where harm is one of the elements of the cause of action –
(1)in an application for approval filed by a person as referred to in subsection (a)(1) – it suffices that the applicant shows that harm was prima facie caused to him;
(2)in an application for approval filed by a public authority as referred to in subsection (a)(2) or by an organisation as referred to in subsection (a)(3) – it suffices that the applicant shows that harm was prima facie caused to a member of the group or that there is a reasonable possibility that harm was caused to the group on whose behalf the application was filed.
Filing an Application for Approval of a Class Action§
5.
(a)
(1)A person wishing to file a class action shall submit to the court a written application for approval of the class action and shall attach thereto the text of the action (in this Law – an application for approval); the Minister may prescribe provisions regarding the manner of filing an application for approval, the particulars to be included therein and the documents to be attached thereto;
(2)before filing an application for approval, the applicant shall check in the Register whether there is recorded therein a pending application for approval or class action in which the substantial questions of fact or law common to the members of the group that arise therein, in whole or in part, are identical or substantially similar to such questions arising in his application for approval; if the applicant finds that an application for approval or class action as aforesaid is recorded in the Register, he shall state its particulars in his application for approval.
(b)
(1)an application for approval shall be filed with the court that has substantive and local jurisdiction to hear the class action if it is approved, and for the purposes of substantive jurisdiction, the amount of the claim or the value of its subject matter shall be regarded as the aggregate amount or value of the claims of all members of the group on whose behalf the application for approval is filed;
(2)an application for approval against an authority in a claim whose cause of action is a decision of the authority and in which the relief sought is compensation or restitution, including the restitution of amounts collected by the authority as a tax, fee or other compulsory payment, shall be filed with an administrative court; in this subsection, "decision of an authority" has the meaning given to it in section 2 of the Administrative Courts Law.
Notice of Filing of an Application for Approval and Registration in the Register§
6.
(a)Upon the filing of an application for approval, the applicant shall send notice to the Administrator of Courts regarding its filing and shall attach to the notice a copy of the application and of the text of the action that is the subject of the application, for the purpose of their registration in the Register.
(b)The Minister may prescribe provisions regarding the manner of giving notice pursuant to this section and the particulars to be included therein, and may also prescribe a duty to give notice of the filing of an application for approval, together with a copy of the application and of the text of the action that is the subject of the application, generally or for categories of applications for approval, to a body or an office holder, all as he may prescribe; the court may order that notice of the filing of an application for approval or a copy of the application be given also to another entity.
Prior Application for Approval or Prior Class Action§
7.
(a)
(1)if the court to which an application for approval has been filed finds that there is a pending prior application for approval or a prior class action in which common questions of fact or law arise that are identical or substantially similar to the questions arising in the application for approval, it may, if it finds that this is justified in the circumstances of the matter, order the transfer of the proceedings on the application for approval to the court to which the prior application for approval or the prior class action was filed, and if the judge or panel to hear the prior application or the prior action has been assigned – to that judge or panel;
(2)if the court finds that the circumstances referred to in paragraph (1) obtain, and the group on whose behalf the later application for approval was filed is identical or substantially similar to the group on whose behalf the prior application for approval or the prior class action was filed, the court shall order the transfer of the proceedings on the later application for approval to the court to which the prior application for approval or the prior class action was filed, and if the judge or panel to hear the prior application or the prior action has been assigned – to that judge or panel.
(b)The following provisions shall apply to the court to which the proceedings have been transferred as referred to in subsection (a), as the case may be:
(1)with regard to a prior application for approval in which proceedings have not yet commenced – the court may order the joinder of the later application for approval with the prior application for approval and hear them together, or the striking out of one of the applications, in whole or in part, and may order the joinder or replacement of an applicant or of representative counsel, all so that the interests of the group are represented and managed in the best and most efficient manner;
(2)with regard to a prior application for approval in which proceedings have already commenced – the court may order as referred to in paragraph (1), provided that it shall not order the replacement of the applicant who filed the prior application for approval or of the representative counsel, unless it is satisfied that this is necessary so that the interests of the group are represented and managed in the best and most efficient manner, having regard in all matters to the stage reached in the proceedings on the application for approval;
(3)with regard to a prior class action filed on behalf of the same group, in whole or in part – the court shall order the striking out of the later application for approval, in whole or in part; however, it may order otherwise for special reasons that shall be recorded, provided that it shall not order the joinder of additional causes of action or additional group members unless it finds that all the conditions and procedures required under this Law for the approval of a class action have been satisfied in respect of such causes of action or group members; where the court orders joinder as aforesaid, its decision shall be regarded as a decision on an application for approval.
(c)The court shall not make an order as referred to in subsection (b)(1) to (3) except after giving the parties an opportunity to present their arguments on the matter.
Approval of a Class Action by the Court§
8.
(a)The court may approve a class action if it finds that all of the following conditions are met:
(1)the action raises substantial questions of fact or law that are common to all members of the group, and there is a reasonable possibility that they will be decided in favour of the group;
(2)a class action is the efficient and fair method of resolving the dispute in the circumstances of the matter;
(3)there is reasonable ground to presume that the interests of all members of the group will be represented and managed in an appropriate manner; the defendant is not entitled to appeal or to seek leave to appeal against a decision on this matter;
(4)there is reasonable ground to presume that the interests of all members of the group will be represented and managed in good faith.
(b)Notwithstanding the provisions of subsection (a) –
(1)where an application for approval has been filed against the State, one of its authorities, a local authority or a corporation established by law, and the court is satisfied that the very conduct of the proceedings as a class action is likely to cause serious harm to the public that requires the defendant's services or to the public at large, as compared to the benefit expected to accrue from its conduct in that manner to the members of the group and to the public, and the harm cannot be prevented by way of approval with modifications as referred to in section 13, the court may take this into account when deciding whether to approve a class action;
(2)where an application for approval has been filed against a body providing an essential service to the public, a banking corporation, a stock exchange, a clearing house or an insurer, and the court is satisfied that the very conduct of the proceedings as a class action is likely to cause serious harm to the public that requires the defendant's services or to the public at large, as a result of harm to the defendant's financial stability, as compared to the benefit expected to accrue from its conduct in that manner to the members of the group and to the public, and the harm cannot be prevented by way of approval with modifications as referred to in section 13, the court may take this into account when deciding whether to approve a class action.
(c)
(1)the court may approve a class action even if the conditions referred to in subsection (a)(3) or (4) are not met, if it finds that the fulfilment of those conditions can be ensured by way of the joinder or replacement of a representative plaintiff or representative counsel, or in some other manner; where the court approves a class action pursuant to the provisions of this paragraph, it shall include in its decision directions for ensuring the representation and management of the interests of the members of the group in an appropriate manner and in good faith as referred to in that subsection;
(2)if the court finds that all the conditions referred to in subsection (a) are met, but the conditions set out in section 4(a)(1) to (3), as the case may be, are not met with respect to the applicant, the court shall approve the class action but shall direct in its decision the replacement of the representative plaintiff.
(d)A decision to approve a class action pursuant to this section is appealable if leave to appeal was granted in the body of the decision or by the appellate court.
Application for Approval in a Restitution Claim against an Authority – Special Provisions§
9.
(a)Where an application for approval has been filed in a claim as set out in item 11 of the Second Schedule (in this Law – a restitution claim against an authority), the court shall not hear it until a period of 90 days has elapsed from the date on which the application for approval was filed, 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 a restitution claim against an authority if the authority has given notice that it will cease the collection in respect of which the application for approval was filed and it has been proved to the court that it ceased the collection as aforesaid no later than the determining date.
(c)Where the court has decided as referred to in subsection (b), it may –
(1)notwithstanding the provisions of section 22, award a remuneration to the applicant having regard to the considerations referred to in section 22(b);
(2)determine a fee for representative counsel in accordance with the provisions of section 23.
Definition of the Group§
10.
(a)Where the court has approved a class action, it shall define in its decision the group on whose behalf the action is to be conducted; a person whose cause of action arose after the date on which the class action was approved as aforesaid shall not be included in the group.
(b)Notwithstanding the provisions of subsection (a), the court may permit the joinder of a person to the group defined by it pursuant to that subsection, even though that person was not included in the group within the framework of the court's decision as referred to in that subsection, up to a date to be determined; where the court permits joinder as aforesaid, it shall direct the manner in which notice thereof shall be given to the person joined to the group, and may direct the publication of notice thereof also to the members of the group or to another entity if it finds that this is justified in the circumstances of the matter; notice pursuant to this subsection shall also be given to the Administrator of Courts for the purpose of its registration in the Register.
(c)The court may define a sub-group if it finds that, with respect to some of the members of the group, questions of fact or law arise that are not common to all the members of the group; where the court defines a sub-group as aforesaid, it may direct the appointment of a representative plaintiff or representative counsel for the sub-group, if it finds that this is necessary in order to ensure that the interests of the members of the sub-group are represented and managed in an appropriate manner.
Opting Out of the Group§
11.
(a)Where the court has approved a class action, every person who is a member of the group defined by the court in its decision as referred to in section 10(a) shall be deemed to have consented to its filing as a class action on his behalf, unless he has notified the court of his wish not to be included in the group within 45 days from the date of publication of the court's decision approving the class action or within a later date to be determined by the court.
(b)The court may, upon application by a person who is a member of the group as referred to in subsection (a) and who requests not to be included in it, extend the period referred to in that subsection with respect to him, if it finds special reason therefor.
Class Action by Way of Joinder§
12.
(a)Notwithstanding the provisions of sections 10 and 11, the court that has approved a class action may, in special circumstances that justify doing so, including in circumstances as set out in paragraphs (1) and (2) below, direct in the decision on approval as aforesaid that the group on whose behalf the class action is to be conducted shall include only those who have notified the court in writing of their wish to join the action, in the manner and by the date to be prescribed by the Minister, and who were entitled to sue in their own name on the cause of action that is the subject of the action (in this section – a joinee), provided that there is a reasonable possibility of identifying and locating the members of the group on whose behalf the application for approval was filed, and of informing them of the approval of the class action, all at reasonable cost:
(1)there is a reasonable possibility that actions on the cause of action that is the subject of the class action will be filed by a significant proportion of the members of the group on whose behalf the application for approval was filed;
(2)the amount of the action or the value of its subject matter is significant in relation to each of the members of the group on whose behalf the application for approval was filed, including in an action for personal injury.
(b)The court shall not make an order as referred to in subsection (a) except after giving the representative plaintiff and the defendant an opportunity to present their arguments on the matter.
(c)Where the court has made an order as referred to in subsection (a), it may, in the decision on approval as referred to in that subsection, determine that each joinee shall bear a share of the costs of conducting the class action, at the rate and on the conditions to be determined; where the court so determines, it shall direct the manner in which notice of the determination shall be given to the joinees.
(d)The provisions of this section shall not apply to a class action on a cause of action as set out in the Third Schedule.
Approval with Modifications§
13.
The court may approve a class action with any modification it decides upon relative to the application for approval, all as it sees fit for the purpose of ensuring the fair and efficient conduct of the class action.
Decision Regarding Approval of a Class Action§
14.
(a)Where the court has approved the class action, it shall set out in its decision, inter alia, all of the following:
(1)the definition of the group on whose behalf the class action is to be conducted, and the definition of a sub-group, if any;
(2)the identity of the representative plaintiff and representative counsel;
(3)the causes of action and the questions of fact or law common to the group;
(4)the relief sought.
(b)Notice of a court decision approving a class action or rejecting an application for approval shall be given to the Administrator of Courts together with a copy of the decision, for the purpose of its registration in the Register.
Participation in Hearings§
15.
(a)The court may permit a member of a group on whose behalf a class action is being conducted, as well as a public authority acting to advance a public purpose in connection with the matter with which the class action is concerned, or an organisation acting to advance such a purpose, who are not the representative plaintiff, to participate in the hearings of the class action, if it finds that this is necessary for the efficient and fair conduct of the class action, and also, with regard to a group member – for the protection of that group member's interests, and with regard to a public authority or organisation – for the protection of the interests of the members of the group.
(b)Where the court grants an application to participate in hearings as referred to in subsection (a), it may give directions regarding the manner of such participation.
(c)The provisions of this section shall apply, with the necessary modifications, also with regard to participation in hearings on an application for approval.
Withdrawal from a Motion for Approval or from a Class Action§
16.
(a)A petitioner, representative plaintiff or representative counsel shall not withdraw from a motion for approval or from a class action except with the approval of the court, and shall not receive, directly or indirectly, any benefit from the defendant or from any other person in connection with such withdrawal, except with the approval of the court; in deciding whether to approve a benefit as aforesaid, the court shall consider the following:
(1)if the motion for approval of the withdrawal was filed before the class action was approved — whether the action showed a prima facie cause of action;
(2)the benefit that the motion for approval or the class action brought to the members of the group.
(b)A petitioner, representative plaintiff or representative counsel who seeks to withdraw from a motion for approval or from a class action shall attach to the withdrawal motion filed with the court an affidavit in which all material particulars relating to the withdrawal are disclosed in full disclosure.
(c)If a petitioner, representative plaintiff or representative counsel withdraws from a motion for approval or from a class action, or if the court finds that any of them is unable to continue in their role in the motion or in the action, this shall not affect the continued conduct of the motion for approval or the class action by another petitioner, another representative plaintiff or another representative counsel, as the case may be.
(d)
(1)If the court approves the withdrawal of all petitioners or all representative counsel from a motion for approval, or if the court finds that they are unable to continue in their role in the motion for approval, the court may determine that a motion may be filed for the appointment of a representative plaintiff or representative counsel in their place, as the case may be, within a period to be determined by the court, and the court may also direct that notice thereof be published, all if it finds that this is justified in the circumstances of the case and having regard to the stage at which the proceedings on the motion for approval are at; the notice shall specify the matters referred to in paragraph (4);
(2)if the court approves the withdrawal of all representative plaintiffs or all representative counsel from a class action, or if the court finds that they are unable to continue in their role in the class action, and no motion for the appointment of a representative plaintiff or representative counsel in their place, as the case may be, has been filed with the court within the period determined by the court, the court shall direct that notice thereof be published in accordance with the provisions of section 25; the notice shall specify the matters referred to in paragraph (4);
(3)a notice as referred to in paragraphs (1) or (2) shall be transmitted to the Administrator of Courts for the purpose of its registration in the register;
(4)if the court directs the publication of a notice as referred to in paragraphs (1) or (2), as the case may be, any person who was entitled to file a motion for approval of the class action pursuant to the provisions of section 4(a) may apply to the court, within 45 days from the date of publication as aforesaid, for appointment as the representative plaintiff in the class action, and a lawyer may likewise, within the same period, apply to the court for appointment as the representative counsel in the action; if a motion for appointment as aforesaid is filed after the court has approved a class action, the court shall not approve the motion for appointment unless it finds that the conditions set out in section 8(a)(3) and (4) have been met;
(5)if the court approves the withdrawal of all petitioners, all representative plaintiffs or all representative counsel, or finds that they are unable to continue in their role, as referred to in paragraphs (1) or (2), as the case may be, and no motion for the appointment of a representative plaintiff or representative counsel pursuant to the provisions of this subsection has been filed, or such a motion was filed but was not approved, the court shall direct that the motion for approval or the class action, as the case may be, be struck out.
(e)The provisions of this section, except for the provision of subsection (d)(5), shall apply, with the necessary modifications, also to a petitioner, representative plaintiff or representative counsel on behalf of a sub-group.
Duties of Representative Counsel§
17.
In performing their functions, representative counsel shall act faithfully and diligently in the interests of the group on whose behalf the motion for approval was filed or on whose behalf the class action is conducted, as the case may be, as if that group were their principal, with the necessary modifications arising from the fact that the proceeding is a representative proceeding.
Motion for Approval of a Settlement§
18.
(a)No agreement for the settlement of a dispute in respect of which a motion for approval has been filed or in respect of which a class action has been approved (in this Law — a settlement) shall be made except with the approval of the court.
(b)A motion for approval of a settlement shall be filed with the court together with affidavits on behalf of the counsel for the parties, in which all material particulars relating to the settlement are disclosed in full disclosure.
(c)If a motion for approval of a settlement is filed with the court and the court does not find cause to dismiss it in limine, the court shall direct the publication of a notice of the filing of the motion pursuant to the provisions of section 25, and also the transmission of that notice, together with a copy of the motion, the settlement and the action, to the Attorney General, to the Administrator of Courts, and to any other body or office holder as the Minister shall determine, and the court may direct that such transmission be made also to any other person as it shall direct; a notice under this subsection shall include the details of the settlement in respect of which the motion was filed and shall specify the matters referred to in subsections (d) and (f).
(d)A person who is a member of the group on whose behalf a motion for approval of a settlement was filed, a person acting in the interests of the members of the group, a public authority acting to promote a public purpose in connection with the matter with which the motion for approval or the class action is concerned, an organisation acting to promote such a public purpose, and also the Attorney General, may file with the court, in writing, within 45 days from the date of publication of the notice as referred to in subsection (c) or within a later date as the court shall determine, a reasoned objection to the settlement and also to the agreed recommendation regarding remuneration and legal fees that was filed pursuant to subsection (g)(2).
(d1)
(1)A person or organisation as referred to in subsection (d) who has filed an objection to a settlement shall not withdraw from their objection except with the approval of the court, and shall not receive, directly or indirectly, any benefit from the defendant or from any other person in connection with the objection they filed, except with the approval of the court; if the court accepts the arguments of the objection, in whole or in part, it may award remuneration to the person or organisation who filed the objection; in deciding whether to award remuneration as aforesaid, the court shall consider the benefit that the objection brought to the members of the group;
(2)a person or organisation as referred to in subsection (d) who seeks to withdraw from their objection shall attach to the withdrawal motion filed with the court an affidavit in which all material particulars relating to the withdrawal are disclosed in full disclosure.
(e)If an objection as referred to in subsection (d) has been filed, the petitioner or the representative plaintiff, as the case may be, and the defendant may file, within the period determined by the court, a response to the objection.
(f)A member of the group who does not wish the settlement to apply to them may apply to the court, within the period set for filing objections pursuant to subsection (d), for leave to opt out of the group to which the settlement will apply.
(g)A settlement shall not include —
(1)causes of action, parties or group members who were not included in the motion for approval or in the decision on approval of the class action; however, this shall not derogate from the right of a party to apply to the court for leave to amend the motion for approval or the class action, in accordance with any law;
(2)a provision regarding the payment of remuneration to the petitioner or to the representative plaintiff, or legal fees to representative counsel; however, the parties may submit to the court an agreed recommendation regarding the payment of remuneration and legal fees as aforesaid, including the rate thereof and the conditions thereof; if an agreed recommendation as aforesaid is submitted, its details shall be included in the notice as referred to in subsection (c).
Approval of a Settlement by the Court§
19.
(a)The court shall not approve a settlement unless it finds that the settlement is appropriate, fair and reasonable having regard to the interests of the members of the group, and if the motion for approval of the settlement was filed before the class action was approved — also that the action filed prima facie satisfies the conditions for approval of a class action set out in sections 3, 4 and 8(a) and that concluding the proceedings by means of a settlement is the efficient and fair way to resolve the dispute in the circumstances of the case.
(b)
(1)The court shall not approve a settlement without first receiving an opinion from a person appointed by it for that purpose, who has expertise in the field with which the motion for approval or the class action is concerned (in this section — an examiner), unless the court considers that the opinion is not required, for special reasons that shall be recorded; the examiner's fee and expenses, and the manner of their payment, shall be determined by the Minister;
(2)a person recommended by one of the parties, or who has filed an objection to the settlement pursuant to section 18(d), or who has advised or expressed an opinion to one of the parties in connection with the dispute in respect of which the motion for approval was filed or the class action was approved, shall not be appointed as an examiner;
(3)if an examiner is appointed, the court shall transmit to them a copy of the motion for approval of the settlement together with its annexes and also the objections filed pursuant to section 18(d); for the purpose of providing an opinion under this subsection, any party may submit to the examiner any material in connection with the settlement, and the examiner may summon the parties to hear their position on the matter and may also propose amendments to the settlement, all as the examiner sees fit;
(4)in their opinion, the examiner shall address the advantages and disadvantages of the settlement from the perspective of all members of the group, having regard to the totality of the circumstances, and any other matter as the court shall direct;
(5)the examiner shall provide their opinion to the court within 60 days from the date on which a copy of the motion for approval of the settlement was transmitted to them, and the court shall provide a copy of the opinion to the parties; the parties may file with the court a written response to the opinion within 30 days from the date on which a copy thereof was provided to them.
(c)
(1)The court's decision whether to approve or reject a settlement shall be reasoned and shall include, among other things, all of the following:
(a)the definition of the group to which the settlement applies;
(b)the causes of action, the material questions of fact or law common to all members of the group and the reliefs claimed as set out in the motion for approval or as defined in the court's decision pursuant to section 14, as the case may be;
(c)the main terms of the settlement;
(2)in its decision pursuant to paragraph (1), the court shall address, among other things, the following considerations:
(a)the gap between the relief proposed in the settlement and the relief that the members of the group might have received had the court decided the class action in favour of the group;
(b)objections filed pursuant to section 18(d), and the ruling thereon;
(c)the stage at which the proceedings are;
(d)the opinion of the examiner given pursuant to subsection (b)(5);
(e)the risks and prospects of continuing to conduct the class action as against the advantages and disadvantages of the settlement;
(f)the causes of action and reliefs in respect of which the decision to approve the settlement constitutes res judicata against the members of the group to whom the settlement applies.
(d)
(1)If the court finds that it is necessary to stipulate certain conditions in the settlement that appear to it to be required for the protection of the interests of the members of the group to which the settlement applies, for the purpose of ensuring the enforcement of the law or for the purpose of supervising the implementation of the settlement, including conditions and provisions pursuant to section 20(a) to (c) or a condition regarding opting out of the settlement, the court shall notify the parties to the settlement that its approval of the settlement is conditional upon their consent to those conditions;
(2)if the court's decision approving the settlement includes a condition regarding opting out of the settlement, the decision shall not constitute res judicata against a member of the group who has notified the court that they do not wish the settlement to apply to them;
(3)in this subsection, "condition regarding opting out of the settlement" means a condition pursuant to which a member of the group who does not wish an approved settlement to apply to them may notify the court of that wish at the time and in the manner determined by the court.
(d1)The court may give directions regarding supervision of the implementation of the settlement pursuant to this section, including directions regarding the submission of a final report describing the implementation of the settlement by the parties; if such a report is submitted, the court shall direct that a copy of the report be sent to the entities to whom a notice pursuant to section 18(c) is sent.
(d2)The provisions of section 20 shall apply, with the necessary modifications, also to a decision of the court to approve a settlement pursuant to this section.
(e)A copy of the court's decision pursuant to this section shall be sent to the Administrator of Courts, and in the case of a decision approving a settlement, a copy of the approved settlement together with its annexes shall be attached to the copy of the decision, all for the purpose of their registration in the register.
(f)If the court approves a settlement, it shall determine remuneration for the petitioner or for the representative plaintiff, as the case may be, in accordance with the provisions of section 22, and legal fees for the representative counsel in accordance with the provisions of section 23, and the court may take into account an agreed recommendation submitted to it by the parties on that matter; the court may determine that payment of the legal fees to the representative counsel shall be conditional, in whole or in part, on the realisation of the settlement and the completion of its implementation.
(g)If proceedings for approval of a settlement have taken place and the settlement was not approved by the court or approval granted by the court for a settlement was revoked, matters said or determined in the course of those proceedings shall not serve as evidence in civil legal proceedings.
Proof of Entitlement to Relief and Payment of Monetary Compensation§
20.
(a)If the court decides a class action, in whole or in part, in favour of the group on whose behalf the class action was conducted, in whole or in part, it may, as part of its decision regarding the award of monetary compensation or other relief to the members of the group, direct, among other things, any of the following, as the case may be, provided that this does not impose a burden exceeding what is required on the members of the group or on the parties:
(1)the payment of monetary compensation or the grant of other relief, at the rate and in the manner to be determined, to each member of the group whose entitlement to compensation or to such relief has been proved;
(2)that each member of the group shall prove their entitlement to monetary compensation or to other relief;
(3)the payment of monetary compensation in a total amount and the manner of calculating each group member's share, provided that the total compensation amount can be calculated precisely on the basis of the evidence before the court; if the court directs the payment of monetary compensation in a total amount as aforesaid, it may direct the distribution among the members of the group, in proportion to their damages, of the balance of the amount remaining if one or more group members did not claim their share, did not prove their entitlement to compensation or to relief, were not located, or their share cannot be distributed to them for any other reason, provided that a group member shall not receive monetary compensation or other relief in excess of the full compensation or relief due to them; if a balance remains after distribution to the members of the group as aforesaid, the court shall direct its transfer to the fund established under section 27a; the court shall designate the funds to the field closest to the subject matter of the class action filed; if the court finds that the transfer of the funds to a closely related field as aforesaid is not possible in the circumstances of the case, it may direct that the funds be designated to another field, as close as possible to the subject matter of the action.
(b)If the court directs that each member of the group shall prove their entitlement to monetary compensation or to other relief, it may give directions regarding —
(1)the manner and time for proving entitlement to relief by the members of the group and the manner of its distribution, and it may appoint for that purpose a person with appropriate qualifications (in this section — a commissioner); if the court decides to appoint a commissioner, any person who considers themselves aggrieved by an act or decision of the commissioner may apply to the court that directed the appointment, and the court may approve, revoke or vary the act or decision, and make any order in the matter, all as it sees fit; the commissioner's fee and expenses, and the manner of their payment, shall be determined by the Minister;
(2)the payment of expenses to a member of the group, in an amount to be determined by the court or the commissioner, for the effort involved in proving entitlement to compensation or to such relief.
(c)
(1)If the court finds that monetary compensation to the members of the group, in whole or in part, is not practicable in the circumstances of the case, whether because they cannot be identified and the payment cannot be made at reasonable cost, or for any other reason, it may direct that any other relief be granted for the benefit of the group, in whole or in part, or for the benefit of the public, as it sees fit in the circumstances of the case;
(2)if the court directs the grant of monetary relief for the benefit of the public, it shall direct the transfer of the funds designated for that purpose to the fund established under section 27a; the court shall designate the funds to the field closest to the subject matter of the class action filed; if the court finds that the transfer of the funds to a closely related field as aforesaid is not possible in the circumstances of the case, it may direct that the funds be designated to another field, as close as possible to the subject matter of the action.
(d)
(1)If the court decides in favour of the group, in whole or in part, in a class action, in whole or in part, filed against the State, one of its authorities, a local authority or a corporation established by law, it may, in deciding on the rate of damages and the manner of payment of damages, also take into account the harm liable to be caused, as a result of the payment of the compensation, its rate or the manner of its payment, to the defendant, to the public that relies on the services of the defendant or to the public at large, as against the benefit expected therefrom to the members of the group or to the public;
(2)if the court decides in favour of the group, in whole or in part, in a class action, in whole or in part, filed against a defendant who is not listed in paragraph (1), it may, in deciding on the rate of damages and the manner of payment of damages, also take into account the harm liable to be caused, as a result of the payment of the compensation, its rate or the manner of its payment, to the defendant, to the public that relies on the services of the defendant or to the public at large, as a result of harm to the economic stability of the defendant, as against the benefit expected therefrom to the members of the group or to the public.
(e)The court shall not award exemplary damages in a class action, nor shall it award damages without proof of harm, except in a claim as set out in item 9 of the Second Schedule; however, nothing in the foregoing shall prevent the award of damages in respect of harm that is not pecuniary harm.
(f)The court may give directions regarding supervision of the implementation of its judgment pursuant to this section, including directions regarding the submission of a final report describing the implementation of the judgment by the parties.
Relief of Restitution in a Class Action against an Authority — Special Provisions§
21.
If the court approves a class action in a restitution claim against an authority, it shall not order the authority to make restitution in respect of a period exceeding the 24 months preceding the date on which the motion for approval was filed; nothing in the provisions of this section shall derogate from the right of any member of the group on whose behalf the class action is conducted to claim, on the same cause of action, relief also in respect of additional periods.
Remuneration for a representative plaintiff§
22.
(a)Where the court has decided a class action, in whole or in part, in favour of the group, in whole or in part, including by way of approval of a settlement arrangement, it shall order payment of remuneration to the representative plaintiff, having regard to the considerations referred to in subsection (b), unless it finds, for special reasons to be recorded, that this is not justified in the circumstances of the matter.
(b)In determining the rate of remuneration, the court shall have regard, inter alia, to the following considerations:
(1)the effort expended by the representative plaintiff and the risk assumed by the representative plaintiff in filing and conducting the class action, in particular where the relief sought in the action is declaratory relief;
(2)the benefit that the class action brought to the members of the group;
(3)the degree of public importance of the class action.
(c)The court may, in special cases and for special reasons to be recorded—
(1)award remuneration to an applicant or to a representative plaintiff even if the class action was not approved or no decision was given in the class action in favour of the group, as the case may be, having regard to the considerations referred to in subsection (b);
(2)award remuneration to an organisation that participated in the proceedings in the class action pursuant to the provisions of section 15, if it finds that this is justified in light of the effort expended and the contribution made by that organisation through its participation in the said proceedings.
Fees of a representative counsel§
23.
(a)The court shall determine the fees of the representative counsel for handling the class action, including an application for approval; the representative counsel shall not receive fees in an amount exceeding the amount determined by the court as aforesaid.
(b)In determining the rate of fees of a representative counsel pursuant to subsection (a), the court shall have regard, inter alia, to the following considerations:
(1)the benefit that the class action brought to the members of the group;
(2)the complexity of the proceedings, the effort expended by the representative counsel and the risk assumed by the representative counsel in filing and conducting the class action, as well as the expenses incurred for that purpose;
(3)the degree of public importance of the class action;
(4)the manner in which the representative counsel conducted the proceedings;
(5)the gap between the reliefs claimed in the application for approval and the reliefs awarded by the court in the class action.
(c)The court may determine partial fees for a representative counsel on account of the total fees, even before the hearing proceedings of the class action have been concluded, if it finds that this is justified in the circumstances of the matter, and to the extent possible, having regard to the considerations referred to in subsection (b).
(d)The court may determine that the payment of fees to the representative counsel shall be conditional, in whole or in part, on the realisation of the judgment and the completion of its execution.
Res judicata§
24.
A judgment in a class action shall constitute res judicata with respect to all members of the group on whose behalf the class action was conducted, unless otherwise expressly provided in this Law.
Publication of notices to group members§
25.
(a)A notice to members of the group shall be published in respect of each of the following, in accordance with the provisions of this section:
(1)a decision of the court to approve a class action, pursuant to the provisions of section 8; a publication under this paragraph shall set out the particulars listed in section 14(a);
(2)a decision of the court to approve the withdrawal of all representative plaintiffs or all representative counsel from a class action, or a finding by the court that the plaintiffs and counsel referred to are prevented from continuing in their role, as referred to in section 16(d)(2), the appointment of a representative plaintiff or representative counsel as referred to in section 16(d)(4), or a decision on the striking out of a class action as referred to in section 16(d)(5);
(3)the filing of an application for approval of a settlement arrangement, as referred to in section 18(c);
(4)a decision of the court to approve a settlement arrangement pursuant to the provisions of section 19; a publication under this paragraph shall set out the particulars listed in section 19(c)(1) and (2);
(5)the judgment of the court in the class action, including directives and decisions given pursuant to sections 20, 22 and 23.
(b)The court may order the publication of notices, in addition to the notices listed in subsection (a), if it finds that this is required in order to ensure the conduct of the proceedings and the representation of the group in a fair and efficient manner.
(c)The Minister may prescribe an obligation to deliver a notice published to members of the group pursuant to this section, generally or for categories of applications for approval or of class actions, to a body or officeholder, all as the Minister shall prescribe; the court may order the delivery of a notice published to members of the group pursuant to this section.
(d)The text of the notices referred to in subsections (a) and (b), their form and manner of presentation shall be brought for the approval of the court before their publication; a notice relating to a decision or directive of a court or a settlement arrangement shall include the main points of the decision, directive or settlement arrangement, as the case may be, as well as a reference to the register and to other places where the full text thereof, including its annexes, may be inspected.
(e)Publication of a notice pursuant to this section shall be carried out in the manner and at the time determined by the court, and the court may prescribe different modes of publication for categories of group members, all having regard, inter alia, to the following considerations:
(1)the expenses involved in the mode of publication and the degree of its effectiveness;
(2)the scope of the monetary compensation or other relief that each member of the group may receive if the class action is decided in favour of the group, and the amount of harm that may be caused to each member of the group if the class action is dismissed;
(3)the estimated number of members of the group, and the ability to identify and locate them with reasonable effort and at reasonable cost;
(4)the ability to deliver personal notice to members of the group in a reasonable manner and at reasonable cost, including in the framework of an ongoing relationship existing between a party and members of the group, all or some of them;
(5)the special characteristics of the members of the group, including language.
(f)The court may impose responsibility for publication of a notice and the costs of publication on the parties, all or some of them, as it deems efficient and fair in the circumstances of the matter.
(g)A person whom the court has ordered to publish a notice pursuant to this section shall send a copy of the notice to the Administrator of Courts, for the purpose of its registration in the register.
Limitation§
26.
(a)Where the court has approved a class action pursuant to the provisions of section 8, every person who is a member of the group defined by the court pursuant to the provisions of section 10 shall be deemed, for the purposes of limitation, to have filed an action on the date on which the application for approval was filed.
(b)Where the court has dismissed or struck out an application for approval, the limitation period of a claim of a person who is a member of the group on whose behalf the application for approval was filed, arising from the same cause of action, shall not expire before one year has elapsed from the day on which the decision on the application for approval became final, provided that the claim of that person had not become time-barred by the date on which the application for approval was filed.
(c)Where the court has defined the group on whose behalf the class action is to be conducted, pursuant to the provisions of section 10, in a manner that does not include all persons who are members of the group on whose behalf the application for approval was filed, or where the court has decided to change the definition of the group, the limitation period of a claim of a person who was not included in the definition of the group as aforesaid, arising from the same cause of action, shall not expire before one year has elapsed from the day on which the court's decision regarding the definition of the group as aforesaid became final, provided that the claim of that person had not become time-barred by the date on which the application for approval was filed.
(d)Where a person has given notice of his wish not to be included in the group on whose behalf the class action is to be conducted pursuant to the provisions of section 11, or of his wish that a settlement arrangement shall not apply to him pursuant to the provisions of sections 18(f) or 19(d), the limitation period of his claim, arising from the same cause of action, shall not expire before one year has elapsed from the day on which he gave such notice, provided that the claim of that person had not become time-barred by the date on which the application for approval was filed.
(e)Where the court has ordered that the group on whose behalf a class action is to be conducted shall include only a person who has given notice to the court of his wish to join it, in accordance with the provisions of section 12, the limitation period of a claim of a person who is a member of the group on whose behalf the application for approval was filed and who has not given notice of his wish to join the class action, arising from the same cause of action, shall not expire before one year has elapsed from the last date by which he was required to give notice of his wish as aforesaid, provided that the claim of that group member had not become time-barred by the date on which the application for approval was filed.
Fund for the financing of class actions§
27.
(a)There is hereby established a fund for the financing of class actions (in this section – the Fund), whose function is to assist representative plaintiffs in financing applications for approval and class actions the filing and hearing of which are of public and social importance.
(b)The Fund shall be managed by a board of nine members to be appointed by the Minister (in this section – the Board), and the following are its members:
(1)a person qualified to be a judge of a District Court, who is not a State employee, and who shall be the chairperson;
(2)a representative of the Commissioner for Consumer Protection within the meaning of the Consumer Protection Law;
(3)a representative of the Commissioner for Competition within the meaning of the Economic Competition Law;
(4)a representative of the Supervisor of Banks within the meaning of the Banking Ordinance, 1941;
(5)a representative of the Commissioner as defined in the Provident Funds Supervision Law;
(6)a representative of the Ministry for Environmental Quality;
(7)a representative of the Equal Rights Commission for Persons with Disabilities;
(8)a representative of the Attorney General;
(9)a public representative with knowledge and experience in the field of the Fund's activity.
(c)The Minister shall publish, at the end of each budget year, in the Reshumot (Official Gazette) and on the website of the Ministry of Justice, a report on the activities of the Fund, its income and its expenditure.
(d)The budget of the Fund shall be determined in the annual budget law, in a separate programme within the framework of the budget of the Ministry of Justice; for this purpose, "annual budget law" and "programme" have the meanings assigned to them in the Budget Foundations Law, 5745-1985.
(e)The Minister shall prescribe provisions for the implementation of this section, including with regard to equitable criteria for the grant of assistance in financing applications for approval and class actions and the manner of publication of such criteria, as well as with regard to the procedures for the submission of applications for such assistance, the procedures for the work of the Board and the provision of reports by the recipient of assistance with respect to the use of the financing funds.
(f)
(1)The Fund shall operate for a period of seven years from the day of publication of this Law; however, the Minister may, by Order, extend the said period by an additional period (in this section – the extension period); if the period is extended as aforesaid, the provisions of this section shall apply during the extension period, however the application of the provisions of subsection (d) in that period requires the consent of the Minister of Finance, and if the Minister of Finance has not given such consent, the matter shall be referred to the Government for decision;
(2)If the period of operation of the Fund has ended in accordance with the provisions of paragraph (1), and a balance of funds that was not utilised by the end of that period remains in the Fund's treasury, the Fund shall continue, notwithstanding the provisions of the said paragraph, to operate with respect to those funds in accordance with its function as set out in subsection (a), until the said balance of funds is utilised, subject to any law.
(g)Assistance under this section shall not be granted for the purpose of financing class actions as referred to in section 209(a) of the Companies Law, 5759-1999 and section 41 of the Joint Investments in Trust Law, and applications for approval of such class actions.
Fund for the management and distribution of funds awarded as relief§
27a.
(a)There is hereby established a fund for the management and distribution of funds awarded as relief by virtue of section 20(a)(3) and (c)(2).
(b)The purpose of the Fund is to distribute the funds referred to in subsection (a) for the benefit of public purposes, all as shall be defined in the Fund's procedures and subject to the directives of the court.
(c)The Fund shall be managed by the General Guardian in accordance with the provisions under the General Guardian Law, 5738-1978.
(d)The funds of the Fund shall be distributed by a committee of five members to be appointed by the Minister of Justice (in this section – the Committee), and the following are its members:
(1)a person qualified to be a judge of a District Court, who is not a State employee, and who shall be the chairperson;
(2)a representative of the General Guardian;
(3)a representative of the Attorney General;
(4)two committee members to be appointed from among the public, or one from among the public and the other from among State employees.
(e)A public representative appointed pursuant to subsection (d)(4) shall have an affiliation with the socio-economic field, or shall be a member of the senior academic staff or a former member of such staff at a recognised institution within the meaning of the Council for Higher Education Law, 5718-1958.
(f)The quorum for opening a meeting shall be a majority of the members of the Committee.
(g)
(1)A person who is likely to be found, directly or indirectly, on a regular basis, in a situation of conflict of interest between his role as a member of the Committee and a personal interest of his or another role of his, shall not be appointed and shall not serve as a member of the Committee;
(2)A member of the Committee shall refrain from participating in deliberations at meetings of the Committee if the matter under discussion is likely to cause that member to be found, directly or indirectly, in a situation of conflict of interest between his role as a member of the Committee and a personal interest of his or another role of his; a member of the Committee shall not deal, in the framework of his role on the Committee, with such a matter outside Committee meetings either;
(3)For the purposes of this section, it is immaterial whether the discharge of the other role is for remuneration or without remuneration;
(4)In this section—
"personal interest" – including a personal interest of a relative of his, or an interest of another body in which he or his relative is an interested party or an office holder;
"relative" – spouse, parent, son, daughter and their spouses, brother or sister and their children, brother-in-law, sister-in-law, uncle, aunt, father-in-law, mother-in-law, father-in-law (husband's father), mother-in-law (husband's mother), son-in-law, daughter-in-law, grandson or granddaughter, as well as another person who is dependent on the member of the Committee;
"interested party" – as defined in the Securities Law, 5728-1968.
(h)The Committee shall formulate, in a procedure, with the consent of the Minister, the criteria for the distribution of the Fund's funds and the manner of publication of such criteria, the procedures for the submission of applications to receive funds from the Fund, the procedures for the work of the Fund, reporting by the recipient of the funds with respect to their use, and reporting by the Committee to the court on the funds distributed; the procedure shall be published in the Reshumot (Official Gazette).
(i)The Minister shall publish, at the end of each budget year, in the Reshumot (Official Gazette) and on the website of the Ministry of Justice, a report on the activities of the Fund, its income and its expenditure.
Register of class actions§
28.
(a)The Administrator of Courts shall maintain a register of class actions (in this Law – the register) in which shall be recorded notices delivered to the Administrator of Courts pursuant to sections 6(a), 10(b), 14(b), 16(d)(3), 18(c), 19(e) and 25(g), as well as any other particular that the Minister directs to be recorded; the register and the documents delivered to the Administrator of Courts together with the notices aforesaid shall be open for public inspection on the website of the Courts Administration.
(b)The Minister shall prescribe provisions for the implementation of this section, including with regard to the particulars of registration in the register and the procedures for inspection thereof.
(c)The Administrator of Courts shall begin maintaining the register within one year from the day of publication of this Law; the Minister shall publish, in the Reshumot (Official Gazette) and in a widely circulated daily newspaper published in Israel in the Hebrew language, a notice of the date of commencement of maintenance of the register.
Application to the State§
29.
This Law shall apply to the State.
Amendment of Schedules§
30.
The Minister, with the approval of the Constitution, Law and Justice Committee of the Knesset, may, by Order—
(1)amend the First Schedule;
(2)add to the Second Schedule, after consultation with the Minister of Finance, and also amend, after consultation with the Minister of Finance, items in the Second Schedule that were added by Order;
(3)add to the Third Schedule.
Implementation and regulations§
31.
(a)The Minister is responsible for the implementation of this Law and may, with the approval of the Constitution, Law and Justice Committee of the Knesset, make Regulations for its implementation.
(b)Notwithstanding the provisions of subsection (a), Regulations prescribing rules of procedure in any matter relating to an application for approval or to a class action shall not require the approval of the Constitution, Law and Justice Committee of the Knesset.
Amendment of Financial Services Supervision (Insurance) Law – No. 17§
32.
In the Financial Services Supervision (Insurance) Law, 5741-1981, Chapter V-A is repealed.
Amendment of Consumer Protection Law – No. 19§
33.
In the Consumer Protection Law, 5741-1981, Chapter VI-A is repealed.
Amendment of Banking (Customer Service) Law – No. 11§
34.
In the Banking (Customer Service) Law, 5741-1981, Chapter III-A is repealed.
Amendment of Restrictive Trade Practices Law – No. 9§
35.
In the Restrictive Trade Practices Law, 5748-1988, Chapter VI-A is repealed.
Amendment of Law for the Prevention of Environmental Nuisances (Civil Actions) – No. 5§
36.
In the Law for the Prevention of Environmental Nuisances (Civil Actions), 5752-1992—
(1)in section 10—
(a)in the marginal heading, after "action" insert "collective";
(b)after "environmental nuisance" insert "as well as a body or association as referred to in section 6", and in place of "(hereinafter – class action)" insert "(in this Law – collective action)";
(2)in section 11—
(a)wherever appearing, in place of "class" insert "collective";
(b)in subsection (a)(3), after "the plaintiff" insert "or his counsel";
(3)in sections 12(a) and 13, wherever appearing, in place of "class" insert "collective";
(4)in place of section 14, the following shall come:
"Remuneration for plaintiff and attorney's fees
14. (a) Where the court has given judgment in favour of the plaintiff in an action under section 2, or has given judgment in favour of the group in a collective action under section 10, in whole or in part, including by way of approval of an arrangement or settlement, it shall order the defendant to pay remuneration to the plaintiff and shall also determine the fees of the plaintiff's attorney, unless it finds, for special reasons to be recorded, that this is not justified in the circumstances of the matter.
(b)In determining the rate of remuneration and the fees referred to in subsection (a), the court shall have regard, inter alia, to the following considerations:
(1)the effort expended by the plaintiff and the risk assumed by the plaintiff in filing the action;
(2)the degree of harm caused or likely to have been caused to the plaintiff or to the public as a result of the environmental nuisance on account of which the action was filed;
(3)the degree of public importance of the action.";
(5)in the Schedule—
(a)in place of item 2, the following shall come:
"2. The Nature and National Parks Protection Authority.";
(b)item 3 – shall be deleted.
Amendment of Joint Investments in Trust Law – No. 11§
37.
In the Joint Investments in Trust Law, 5754-1994, in place of section 41, the following shall come:
"Financing of a class action by the Authority
41. The provisions of section 209 of the Companies Law, 5759-1999, shall apply with respect to an application for approval of a class action or a class action pursuant to the provisions of the Class Actions Law, 5766-2006, on a cause of action arising from a connection to a unit."
Amendment of Equal Pay for Male and Female Employees Law§
38.
In the Equal Pay for Male and Female Employees Law, 5756-1996—
(1)section 11 is repealed;
(2)in section 15(b), the concluding part beginning with the words "and also with regard to rules of procedure" shall be deleted.
Amendment of Equal Rights for Persons with Disabilities Law – No. 3§
39.
In the Equal Rights for Persons with Disabilities Law, 5758-1998, sections 19bb to 19bl are repealed.
Amendment of Companies Law – No. 4§
40.
In the Companies Law, 5759-1999—
(1)Section B in Chapter III of Part 5, except for section 209 therein, is repealed;
(2)in section 209(a), in place of "a plaintiff seeking to sue in a" insert "a person seeking to file a class action pursuant to the provisions of the Class Actions Law, 5766-2006, on a cause of action", in place of "may" insert "and also a representative plaintiff in such a class action, may", and at the end thereof insert "in this section, 'public company' – a company whose securities are listed for trading on a stock exchange in Israel or that were offered to the public in Israel pursuant to a prospectus within the meaning of the Securities Law".
Amendment of Administrative Courts Law – No. 24§
41.
In the Administrative Courts Law, 5760-2000, in the Third Schedule, after item 1 the following shall be inserted:
"2. A claim as referred to in section 5(b)(2) of the Class Actions Law, 5766-2006."
Amendment of Supervision of Financial Services (Provident Funds) Law§
42.
In the Supervision of Financial Services (Provident Funds) Law, 5765-2005, section 53 – is repealed.
Amendment of Television Broadcasts (Subtitles and Sign Language) Law§
43.
In the Television Broadcasts (Subtitles and Sign Language) Law, 5765-2005, in section 12(b), instead of "19bl" there shall come "19ba".
Duty to Make Regulations Regarding Fees§
44.
The Minister shall bring Regulations under sections 83(a)(3) and 108(a)(4) of the Courts Law [Consolidated Version], 5744-1984, regarding fees in proceedings under this Law, before the Constitution, Law and Justice Committee of the Knesset within six months of the date of publication of this Law.
Commencement, Application and Transitional Provisions§
45.
(a)The commencement of sections 5(a)(2), 6(a), 10(b) with respect to the sending of a notice to the Courts Administrator regarding the joining of a person to the group, 14(b), 16(d)(3), 18(c) with respect to the sending of a notice to the Courts Administrator regarding the filing of an application for approval of a settlement arrangement, 19(e), 25(d) with respect to referral to the register, and 25(g), shall be within thirty days of the date of commencement of maintenance of the register, as referred to in section 28(c).
(b)The provisions under this Law, except for provisions of Regulations regarding fees as referred to in section 44, shall also apply to applications for approval of a class action and to class actions that were pending before a court on the date of publication of this Law.
(c)
(1)Where an application for approval of a class action in which one of the conditions set out below is met was pending on the date of publication of this Law, it shall be deemed, for the purpose of counting the limitation period, as if it were filed on the date of publication of this Law:
(a)the application was filed otherwise than under one of the arrangements set out in sections 32 to 43 as worded immediately before their repeal by this Law;
(b)its cause of action does not fall within the causes of action in respect of which a class action could be approved under one of the arrangements as referred to in sub-paragraph (a);
(2)Notwithstanding anything provided in any law, where an application for approval of a class action as referred to in paragraph (1) was dismissed before the publication of this Law, the time between the filing of the application and its dismissal shall be counted within the limitation period of the claim that is the subject of the application; for this purpose, "dismissal" – as its meaning in section 15 of the Limitation Law, 5718-1958;
(3)The provisions of this subsection shall not apply with respect to the limitation period of a personal claim filed by a person who filed an application for approval of a class action as referred to in paragraph (1), in respect of the cause of action that is the subject of the application for approval.
(d)
(1)Applications for approval that were filed from the date of publication of this Law until the date of commencement of Regulations regarding fees as referred to in section 44, as well as class actions approved in applications for approval as aforesaid, shall be exempt from payment of court fees;
(2)Where an application for approval of a class action as referred to in section 5(b)(2) was pending on the date of publication of this Law, the court hearing the application shall order its transfer to an administrative court; where a class action in a claim as referred to in section 5(b)(2) was pending on the date of publication of this Law, the court hearing the action may transfer it to an administrative court having regard to the stage which the proceedings in the action had reached; an administrative court to which an application or action has been transferred under this paragraph shall be entitled to continue hearing it from the stage at which its predecessor ceased;
(3)With respect to an application for approval of a class action in a claim for restitution against an authority that was filed before the date of publication of this Law, the date of publication of this Law shall be deemed to be the date for the commencement of counting the period as referred to in section 9(a), instead of the date on which the application for approval was filed.
Need to cite this law in a foreign court?
Eli Shimony Israeli Attorneys-at-Law provides certified Expert Legal Opinions on Israeli law within 24–48 hours, accepted by courts worldwide.
Contact Us →Read the entire law on one page — continuous text, no page breaks, plus PDF downloads.
LawCivil Law
חוק תובענות ייצוגיות, תשס"ו-2006
class actions law
class action law israel
toveot ytzugiot
toveot itzugit
class actions 5766
class actions 2006
representative action law
collective action law
group litigation law
class suit law israel