Airport City Israel Int'l Trade Law, Air & Maritime Law Firm
Gill Nadel Law Offices
Main Office3 Arava street
Airport City 70150
Israel
+972 (3) 974-4474
+972 (3) 974-4479
Firm's Profile Articles Published by Gill Nadel Law Offices
The Insurance Claim Against the Refrigerator Manufacturer, Sharp, Will Not be Arbitrated in Israel
This is an article regarding a law suit against Sharp in Israel.
Read ArticleA Smart Device in Every Pocket? On the Reforms in the Import of Cellular Devices to Israel.
This is an article regarding the reform in the importation of cellular phones into Israel.
Read ArticleThe export was not proven? Then there is no zero rate VAT.
This is an article regarding a 0% VAT rate during exportation from Israel.
Read ArticleThere is No Obligation to Give Top Priority to Israeli Products in Business Connections that Occur
This is an article regarding the obligation to perchuse Israeli products after a tender was canceled.
Read ArticleThe Supreme Court Places the Blame on the Forwarder for Releasing Merchandise .
This is a verdict reagrding a bill of lading
Read ArticleUpdated rulings: the right of lien of international forwarders and marine carriers.
This is an article regarding a case between an international forwarder and a marine carrier.
Read ArticleThe Supreme Court has authorized- insurance debt based on documents, without hearing testimonies.
This is an article regarding an insurence law suit
Read ArticleIs the price too low? On the Customs Authority's value invalidation.
This is an article regarding reducing the price of goods by importers
Read ArticleCan an international forwarder withdraw his price quote?
This is an Article regarding changing a price quote by an international forwarder
Read ArticleHurried to Cancel a Contract? You'll Pay! - Israel
This article is dealing with the Israeli contracts law. Many companies customarily establish a joint venture for importing and marketing certain products, with one company responsible for the importation process to Israel, and the other responsible for marketing the products in Israel.
Read ArticlePrinciple Points of the Government's Decision to Lessen Import Obstructions in Regards to Standardization - Israel
This article is dealing with the new legislation regarding the standartization in Israel. A few months ago, the Israeli government reached a decision to implement the recommendations of the Trachtenberg Committee which aim to ease the economic burden of Israeli citizens.
Read ArticleA New Law for Regularizing the Import of Medical Equipment - Israel
This article is dealing in the new legislation regarding the importation of medical equipment into Israel. Many goods are subject to strict regulations in import or export, requiring the presentation of certifications and licensing from various authorities (the Ministries of communication, health, agriculture, the standards institute, etc.)
Read ArticleThe Battle over Beer Taxation - Points of Interest - Israel
This article is dealing with the battle over the salse taxes over beer in Israel. It was recently reported that the Minister of Finance raised the sales tax rate on beer from NIS 2.18 per liter to NIS 4.19 per liter and in light of this, local producers of beer claim that they will not be able to withstand such a tax raise.
Read ArticleFree Trade Agreement Between the US and South Korea - Israel
This Article is dealing with the new Trade agreement that was sign between the U.S and South Korea. The free trade agreement between the US and South Korea has come into effect in March 2012. The agreement's objective is to facilitate trade in various types of products between the two countries. As a rule, a free trade agreement creates a very enticing environment for international trade among two (or more) countries that have entered such an agreement.
Read ArticleParallel Import - New Rulings - Israel
This article is dealing with Parallel import of Tommy Hilfiger goods to Israel. The incidents of parallel import are increasing in our country. Many brand names are being imported not only by the exclusive/official importers, but by others as well.
Read ArticleThe Name "Design Center" is Not Entitled to Protection as a Trademark - Israel
This is an article regarding the trademark law in Israel. The Central District Court rejected the lawsuit submitted by the home design center located in Bnei Brak called the "Dan Design Center", against their competitor in Rishon Le'Zion, the "One Design Center".
Read ArticleAdvertising Discounts, Distribution Fees and Warranty Fees in Israel
This is an article regarding advertising discount and distribution fees. The Customs Authority has recently published a draft of a position paper regarding the evaluation of goods for Customs purposes, covering three issues: advertising expenses, distribution fees and warranty fees.
Read ArticleIsrael - In Which Cases is the Insurer Permitted to Refuse Providing Compensation for Damage to a Shipment?
This is an article regarding insurance law. Many times, the court will be presented with a subrogation in which an insurance company that has given compensation to a policy holder for cargo damages takes his place and sues the related parties in the transportation network whom they hold responsible for the damage, for instance: the port, the marine carrier, the air forwarder, the warehouse, the international delivery company etc.
Read ArticleIsrael - The Port Lost a Container? The Port will Recompense the Importer
This is an article regarding the responsibility of a port to the containers that are storage in it. The magistrate’s court of Haifa recently ruled that the Haifa Port Company will recompense the Golmat Company at a sum of NIS 25,000 for the loss of a shipping container that took a long time to find. The case and the claims made by the parties:
Read ArticleCargo was Stolen from a Warehouse? The Warehouse will be Required to Pay the Import Taxes - Israel
This article is dealing with the responsibility of a warehouse to the goods that are storage in it. Many importers enlist the services of the warehouses under Customs supervision for storing their cargo without having to pay import taxes. In this way, they can choose to pay the import taxes only after they have found buyers for their wares and then pay the taxes upon their release.
Read ArticleIf a Shipment Arrives in Delay, does this Justify Withholding Payment? - Israel
This is an article regarding the reasons to cancel a delivery contract. The magistrate’s court of Haifa has recently decided to accept the lawsuit of a ground carrier vs. a company of Customs agents, for failure to pay shipment expenses. The defendants did not deny having ordered the shipment but they claimed the shipment had arrived a few hours in delay, which justifies withholding payment for it. The court overruled this claim and accepted the entire lawsuit.
Read ArticleIsrael - When Will the State be Held Accountable for Copyright Breaches?
This article deals with copyright law. The copyright law (2007) determines that under circumstances where a copyright breach has been committed, the court is permitted to rule in favor of recompense for the plaintiff without proof of damage, at a sum total not exceeding NIS 100,000, in which case the following must be taken into consideration:
Read ArticleIron from China Instead of Russia- Is this a Breach of Contract? - Israel
This article deals with the ruling of the Israeli court regarding a contract about imported iron. The Haifa District Court has recently deferred the prosecution of an iron importer, filed against an Israeli company who had given their assurance to purchase that same iron but went back on their word.
Read ArticleIsrael - Can a Land Delivery Company be Considered an Air Forwarder for the Sake of International Treaties?
The Warsaw treaty - The laws dealing with international air transports (the Warsaw Treaty, the Montreal Treaty, the Air Transport Treaty) pose a fundamental obstacle to the possibility of suing an airline company for damage to cargo. Among other things, these laws set a restriction on the amount of compensation that can be demanded as well as a relatively short statute of limitations- two years from the plane's arrival at its destination (or the date it was supposed to arrive).
Read ArticleIsrael - Who Ordered this Conveyance? The Ruling in a case Between a Carrier vs. a Customs Agent
This article deals with a ruling of the Israeli court in case between carrier and a custom agent. The Magistrate's Court of Ashdod has recently deferred the legal action filed by a ground carrier (a truck company) against a Customs agent. The court ruled that the ground carrier was unable to prove that the conveyance was ordered by the Customs agent.
Read ArticleUpholding the Requirements of Israeli Standardization
This Article reviews the new requirements of Israeli standardization. The Standards Institute has recently declared its intentions to summon importers to a hearing due to forgeries discovered in the importers' declarations submitted to the Institute during the procedure for the release of shipments imported by them. In the wake of these hearings these importers could possibly be placed in a status of "breach of trust".
Read ArticleThe Boundaries of the Ability to Receive Information from a Public Authority - Israel
As a rule, administrative authorities, including the Taxation Authority, are subject to the Freedom of Information Act which broadly provides that every Israeli citizen or resident has the right to request and receive information from a public authority.
Read ArticleA Dog Importer Will Compensate the "Let Animals Live” Movement - Israel
Recently, the court obliged an importer of puppies from Uzbekistan to pay over 100,000 NIS to the "Let Animals Live" (Tnu L'Chayot Lichyot) foundation, for various expenses that the foundation bore after the puppies were imported to Israel.
Read ArticleThe Journey of Briefs of Claim Outside of the State of Israel
A decision was recently issued by the Central District Court ruling that under special circumstances, serving a brief of claim to a Palestinian importer via his customs agent will be acceptable service of papers.
Read ArticleAmendments on the ADR and RID Treaties Regarding Carriage of Dangerous Goods in Trucks and Trains - Israel
On the 1st of January 2011, amendments to the following existing amendments will enter into effect: 1. ADR - European Agreement concerning the International Carriage of Dangerous Goods by Road. 2. RID - Regulation concerning the Carriage of Dangerous Goods by Rail.
Read ArticleShipping Fees without a Written Agreement - A Dispute between an Importer and a Shipping Company - Israel
An action for the sum of 21,000 NIS was filed to the Magistrate's Court of Haifa for a debt concerning failure to pay for continental shipping.
Read ArticleThe Court Decides on the Accounting between an Importer and an International Forwarder - Israel
A decision was recently issued by the Magistrate's Court of Tel Aviv deciding on the financial arrangements between an importer and an international forwarder, on a number of subjects.
Read ArticleIs There a Limit to an Interest Rate? The (Ongoing) Debate between a Customs Agent and an Importer - Israel
A customs’ agent filed an action for around 230,000 NIS against the Markel Stav Corporation (importers) for an alleged debt for customs agency services, credit, and financing. The action was also filed against two guarantors for the importer's alleged debt.
Read ArticleA Customs’ Agent Will Be Charged with Storage Fees - Israel
Recently, a decision was given by the Magistrate's Court of Tel Aviv, in which the court rejected a customs agent's objections to pay container storage fees.
Read ArticleThe Indictment against Gottex Will Not Be Cancelled - Israel
The company imported bathing suits sewn in Turkey, Romania and Bulgaria, knowing that the fabrics used for sewing the bathing suits were not of European manufacture, and therefore the finished product was not eligible, under the rules of origin, to be considered a product of European origin when imported to Israel.
Read ArticlePistachios from Turkey Not From Iran - Customs Will Return Merchandise to the Importer - Israel
Recently, a decision was given by the Magistrate's Court of Tel Aviv, in which the judge instructed Customs to return pistachios to their importer after being confiscated, due suspicions regarding their country of manufacture.
Read ArticleCustoms Will Refund Importer More Than 3 Million Shekels That Were Overpaid - Israel
In the present action, the importer requested a refund from Customs of the 3.3 million NIS that were overpaid. The Customs accepted the importer's stance regarding the classification, and the action focused on the question of the need to prove failure to roll-over the tax.
Read ArticleThe Creativity Test and the “Effort” Test in the Issue of Copyright- An Update from Court - Israel
The appellants manage the football leagues in Britain and each year they hold a tournament in which the teams in each league play against each other.
Read ArticleDisinfection of Wooden Packages and Surfaces – Israel
One of the subjects in the field of international trade which has international regulation that is not a taxes or tariffs matter, is the subject of disinfection of wooden packages.
Read ArticlePayment of Financial Forfeit and Payment under Protests - Notes and Clarifications - Israel
As we know, an importer who wishes to import goods into Israel must pay the charged import taxes on the subject. At the same time, depending on the subject, in many cases he must meet regulations set by the governmental body responsible for this matter – generally, the various governmental offices or the Standards Institute. The various requirements for each type of goods are specified, among other places, in the Free Import Order.
Read ArticleDuty to Report Money Being Brought Into or Out of Israel
According to the Money Laundering Prohibition Law, and the Prohibition on Money Laundering Ordinances (Methods of Reporting Monies Entering and Leaving Israel) 5761-2001, it is mandatory to report the flow of money in and out of Israel.
Read ArticleJail Sentences for Those Who Lower Prices to Minimize Customs Payments - Israel
Recently a verdict was issued by the Magistrate's Court of Tel Aviv discussing the harshness of punishment for those convicted of tax offenses.
Read ArticleMissing Cargo: Low Compensation for Damaging One’s Reputation and Causing Him to Lose Future Clients - Israel
A decision was recently issued by the Magistrate's Court of Tel Aviv dealing with the question of how high should be a compensation given for loss of cargo.
Read ArticleThe Damage to a Shipment of Peppers That Was Not Proven
Recently, a decision was given by the Magistrate's Court of Tel Aviv, in a case which raised the issue of proof of damage resting on an exporter, whose good were damaged due to a late arrival of the shipment.
Read ArticleThe Court: an Unsigned Contract with a Logistics Services Supplier Is Binding - Israel
From time to time, disputes rise between sides who do not regulate their relations in a written contract. Situations like these reach the courts for settlement, and for the court’s ruling on a complex question regarding the very core of the relations formed between the parties.
Read ArticleCan an International Forwarder Enjoy the Status of an Air Carrier? Court Updates - Israel
As we know, the laws of aerial shipping grant various benefits to an air carrier, including limited liability and shortened limitation period.
Read ArticleImmunity of Postal Authority Does Not Apply as a Banking Corporation - Israel
Recently, the Magistrate's Court of Hadera discussed the question of the liability of the Postal Authority in the field of providing banking services.
Read ArticleCustoms Holds Goods that Violate Intellectual Property Rights - Israel
Recently, the question of the liability of customs relating to handling the infringing goods was discussed by the District Court of Petah Tiqwa.
Read ArticleShould the Confession of a Person Accused of Tax Crimes Be Admissible? - Israel
Recently, the Magistrate's Court in Ashdod was asked to discuss the admissibility of a statement given in the course of the interrogation of a suspect in tax-related offenses, including theft, conspiracy to commit a crime, accepting property obtained criminally, and evasion of tariff payments owed.
Read ArticleLicensing Clerk: Your Employee Steals Open Checks, Who is Liable? - Israel
Recently, the Magistrate's Court of Tel Aviv discussed the liability of an employer for theft committed by one of his employees, of checks of the customs representation company.
Read ArticleServing Court Papers for an Importer from the Palestinian Authority
For the court to be able to conduct the action of a plaintiff against a defendant, a duty rests upon the plaintiff to serve the defendant with the statement of claim. Without proper service, the court cannot discuss the action. But sometimes doing so is complicated or even impossible.
Read Article
