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Attorney General Yehuda Weinstein seagull scientific announced yesterday that he opposes the settlement agreement reached in a class action lawsuit concerning gambling site 1BUY1. "This arrangement means that the company (active site) enjoy the profits of illegal activities, and this goes against the provisions of the law and the public interest," wrote Weinstein court.
Attorney filed yesterday Carmit Ben - Eliezer seagull scientific Tel Aviv District Attorney's Office, his opposition to the Weinstein's settlement agreement, drawn up by the Department of Counseling and Legislation Ministry of Justice. seagull scientific Tel Aviv District The agreement was discussing the case after Judge Ruth Ronen, has been approved as a class action. Attorney General's opposition stems consequences arising from the arrangement actually allows the company Konktib Group, operated by 'gambling seagull scientific site, "according to the court ruling, to profit from its operations.
First claim in January 2010, then filed Simon Daboosh by Yair Safran, to approve a class action seagull scientific in the amount of NIS 90 million against seagull scientific Konktib Group operated online sales site. Daboosh said that although the site is about alleged tenders for the purchase of electrical products, then it is gambling game or a lottery prohibited by the law. March 2011, the Justice Ronen request and approved the class action. "Enough material was placed before me to allow the determination that the auction is actually a game, and that this gambling game," the judge wrote. few days later suspended operations at the site.
Last September, the parties went to court and asked to approve a compromise agreement under which each customer enters the auction site during the activity and not won, will be entitled to the benefit amount provided in the form of a voucher to purchase products Walla shops. " Value of the benefit derived from the total amount paid for tenders from NIS 55 (for the participant paid for the right to make proposals in tenders up to 100 million) to 335 shekels (participant paid for the right to make suggestions tenders over 1,000 million).
Ronen judge has not yet ruled whether to accept the arrangement, the Attorney General announced his opposition. "Much has been written about the special nature of the class action procedure, on the one designed for the advancement of important goals and vitality, but on the other hand carries a number of risks," reads the opinion of Attorney. "class action settlements require examination by the court carefully seagull scientific because that may require an entire community, which was, in fact, active party proceedings ... let alone where the request for approval of a settlement agreement after having been approved claim action. "meaning the proposed settlement, according to the Attorney General, is that customers will receive seagull scientific compensation for participating in tenders worth only partially, while held by the company will remain a significant share of the money earned in respect of illegal gambling activity.
Position of the Attorney accepts the ruling of the District Court, that the company is an activity gambling is prohibited. Since the contract company's pact with the auction participants is illegal, should be nullified and a return of all amounts paid hereunder. Therefore, a compromise arrangement that within its purview the company enjoys the fruits of illegal activity, seagull scientific contrary to the public interest, is not beneficial seagull scientific to the members of the group, is not worthy and therefore should be approved. "Anyone who violates the law alleged, and cuts - as determined by the court - an illegal contract, should benefit, which was to grow it from the illegal seagull scientific contract, shall be deprived of it, as by determination of the Court, rotten fruit in question."
Yair Shafran, a proxy for the representative plaintiff, said S"hfsra reasonable and fair and provides significant compensation to participants. Attorney General objected, claiming that the claim has been approved seagull scientific as a class action and therefore the prospect that the judgment will be the same decision request for approval of a class action, all amounts have seats, but it means making the claim in full, which is not possible compromise. However, given the resistance Attorney General, working parties amended agreement will be submitted to the court soon. " Mr. Ram palm, representing the Konktib Group, said S"hioam "that is not considered true all risks and prospects of the parties, especially given the fact that the compromise also refers to another claim that is at the beginning."
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