A class-action for smoking in the Breakfast Club was rejected: “there is no cause of action”
The Tel Aviv District Court rejected and dismissed a motion for approving a NIS 50 million class-action against the Breakfast Club in Tel Aviv. The club was accused of a severe, blatant and daily breach of the Prevention of Smoking and Exposure to Smoking in Public Places Act.
In his decision, the hon. Judge Yehuda Fargo harshly criticized the plaintiff’s conduct, dismissing all claims against the club. The plaintiff claimed that the entire club was operated as one public area without any separation, where smoking is allowed in all places. In addition, the plaintiff claimed that the club has no signs for prohibiting smoking, but rather reverse signs which allow smoking.
In its counterplea, the club rejected the claims altogether, maintaining that it abides all laws and regulations, including approvals by the Tel Aviv Municipality of a separate “authorized smoking zone” inside the club. Upon receiving the counterplea, the plaintiff decided to withdraw the class-action and all of its claims.
The Tel Aviv District Court, hon. Judge Yehuda Fargo, criticized the plaintiff’s conduct, who filed the motion “offhandedly, without checking the facts and without turning to the respondent for their response”.
The owner of the Breakfast Club replied: “we are pleased that justice was served. We were confident from beginning to end, knowing that the club is operating in an impeccable manner, abiding all legal requirements.
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