Israir in appeal to the High Court – allowed the continued sale of tickets to green countries on existing flights.
The request comes following the flight outline, according to which only those who have purchased flight tickets by September 25 at 14:00 can leave Israel, an outline that causes problems and also a “maneuver” that will allow the sale of tickets. Israir, for its part, has stopped the sale of tickets for its scheduled flights, and also in the reservation systems for El Al flights, which are scheduled for the beginning of October, are not for sale.
Summary of Israir’s claims:
According to section 6 (a) of the Basic Law of Human Dignity and Liberty, every person is free to leave Israel. These regulations violate this Basic Law.
2. The prohibition is inconsistent with the provisions of section 4 of the New Corona Virus (Temporary Order) Law, 2020, which states that the government may install regulations restricting stay in the public space “if it is convinced that this is necessary to prevent infection with the corona virus. “Among the public and reducing its spread, reducing the extent of morbidity or protecting at-risk populations, and all only for the period and to the extent necessary to achieve the said goals, after considering alternatives to achieve them, the violation of rights and effects on the economy.”
Therefore, the ban on flying outside Israel during the closure period if the flight ticket was purchased after 25.9.20 is not necessary to prevent infection and to prevent the spread of the virus when it comes to flying to green countries. It is more problematic to stay in the country, despite all the restrictions imposed during the closure period, than to stay in a green country; Moreover, according to Israir’s announcement, “the ban is also not to the extent necessary. It was possible to ban the opening of additional flights during the closure period, but to allow the filling of departing flights, which should also return passengers who depart and want to return to Israel.” According to the company, “the damage to Israir was not sufficiently considered in light of the ban, which causes direct damage of over $ 2 million.
Finally, the only Israeli company that has not discontinued its flights in recent months claims that “the violation of Israir’s freedom of occupation is contrary to the Basic Law of Freedom of Occupation, which requires that the violation be for a proper purpose and to the extent not exceeding what is required.” Injuries to Israir to an extent that exceeds what is required. “
The firm handling the petition is Crispin, Rubinstein, Belcher Shawt through attorneys Roi Belcher and Guy Zeevi. The firm has been handling the company’s dealings with various government agencies since the beginning of the crisis.
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