ISRAEL Law and Practice Contributed by: David Gilat and Matan Kovacs, Gilat, Bareket & Co, Reinhold Cohn Group
Enforcing Execution If a party against which an interlocutory injunc - tion was issued does not abide by that injunc - tion, the prevailing party may seek to compel the losing party to do so by filing a motion under the Contempt of Court Ordinance. Under this ordinance, a non-compliant party is subject to a monetary fine and, in extreme cases, to impris - onment for as long as the breach of the order is taking place. Staying Execution A party against which interlocutory injunctive relief was issued may seek (alongside filing for leave to appeal) a stay of execution from either the court of first instance or from the court of appeal. If the motion for leave to appeal is yet to be filed, the court of first instance will hear the motion for a stay; if the motion for leave to appeal has been filed, then the court of appeal will hear it. In order to prevail in such a motion, the applicant must demonstrate to the court that it has a good chance of winning the appeal and that, if the injunction enters into effect, it would be either impossible (or very difficult) to go back to the previous state of affairs, or that the appli - cant would suffer irreparable injury. A court allowing a stay of execution may make such stay subject to the satisfaction of which - ever conditions it deems fit, such as the deposit of a security or the placing of a limitation on the price charged for the now-enjoined product/ process. 5.2 Final Injunctive Relief Enforceability of a Final Injunctive Relief Under Israeli law, a final injunction is enforceable immediately upon its lawful service on the party which it enjoins – service which can be effected either by the court issuing the order or by the
beforehand), all securities deposited will remain in effect until such a time. The injunction would not go into effect until all securities have been deposited, though the court is authorised to instruct otherwise. In addi - tion, where the preliminary injunction was filed for prior to the case-in-chief being submitted, the applicant will have seven days from the deci - sion date to file the main claim, with failure to do so resulting in the preliminary injunctionʼs revocation. Service Under Israeli law, an interlocutory injunction is enforceable immediately upon lawful service on the enjoined party, assuming all relevant securi - ties were deposited (if necessary). The court will usually provide instruction on how the order is to be served on the respondent, but, in the absence of such, there are several ways to effect service: a copy of the decision may be served on the respondent themselves, at their home or at their place of business, either via courier or via registered mail, on an adult family member living with them, on a person authorised to manage their business, or on their counsel. Where the respondent is a company, service is usually effected by delivering a copy of the order to their registered place of business. In those cases where the respondent is not Israeli, leave for service outside the jurisdiction must be secured, though it would also be possible to effect service by serving the order on a business manager in Israel (if such exists). As for timeframes, the court will usually instruct the applicant to effect service immediately. The applicant is incentivised to do so regardless, as the order would not be enforceable before lawful service is effected.
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