EBN is one of the leading law firms in Israel in the field of administrative litigation. In this field, we represent corporations and individuals in proceedings heard before the High Court of Justice and the Courts of Administrative Affairs.
Throughout the years, our firm has been involved in many petitions to the High Court of Justice in matters relating to primary legislation and secondary legislation, as well as to decisions of government ministries, administrative authorities and regulators. Our firm also represents clients in administrative petitions regarding tenders, including clients challenging tender processes and their results, as well as clients who have won tenders and are responding to petitions challenging their win.
Our firm’s Litigation Department team includes partners and associates who have special expertise and extensive experience in the field of administrative law. Worthy of particular mention is the fact that many of them clerked for Supreme Court justices, with some having served as Supreme Court justices’ legal assistants, thus acquired a thorough knowledge of administrative proceedings conducted before the High Court of Justice.
- Representation of the Association of Trustees in the Israeli Capital Market in a petition to the High Court of Justice against the Enhanced Efficiency of ISA Enforcement Proceedings Law, on the grounds that some of the provisions of the law are unconstitutional and therefore void.
- Representation of the cellular company Partner in petitions to the High Court of Justice against the failure of the Ministry of Communications to enforce the provisions of the license of another cellular company, and against the decision of the Ministry of Communications to refund frequency fees to the said company.
- Representation of Mano Shipping Services in a petition to the High Court of Justice against a decision of the State not to contribute to the financing of the security expenses borne by the company to implement the security guidelines dictated to it by the Minister of Transportation.
- Representation of EDF Energies Nouvelles Israel in a petition to the High Court of Justice against a decision of the Electricity Authority to reduce the tariff payable to facilities using wind turbines to generate electricity.
- Representation of RAD-Bynet Properties in a petition to the High Court of Justice against decisions of the Investment Center at the Ministry of Industry, Trade and Labor and the Ministers of Economy and of Finance in respect of receipt of the status of an approved enterprise and a grant under the Encouragement of Capital Investments Law.
Following are a few examples of cases in the field of tenders we have handled in recent years:
- Representation of the MTS Consortium, which won the tender for construction and operation of the Red Line of the Light Rail in Tel Aviv, in a petition against its win.
- Representation of Israel Aerospace Industries in an administrative petition filed against its win of a Ministry of Defense tender worth tens of millions of dollars for the development and procurement of a defense system.
- Representation of the Trans-North company (owned by Shikun & Binui and Africa Israel) in an administrative petition against the win of a competitor in a tender to construct, finance, operate and maintain the northern sections of the Trans-Israel Highway (Highway 6).
- Representation of Laufer GHI in an administrative petition against a decision of the Airports Authority to allow another company to provide competing services within Ben Gurion Airport without tender proceedings.
- Representation of advertising company UAS (Shapam) in an administrative petition concerning a tender of the new Israeli Broadcasting Corporation for provision of advertising services.