תוכלו לקרוא כאן מאמרים ועדכונים הנוגעים לפסיקה, חקיקה ורגולציה בתחום היבוא, היצוא, המכס והסחר הבינלאומי
מציג 217–252 מתוך 254 פריטים
All about Art 3 of the Indirect Taxes Israeli law Gil Nadel, Adv. The Problem The heroes of our story are importers who receive a demand for retroactive payment of import duties from the tax authorities for import of goods. The notice of debt is quite a blow for the importer,…
Gill Nadel, Adv. The decision of Magistrate's Court of Tel Aviv on the Menora v. Amit and Overseas case sharply presents the classic distinction (in tort damages actions) between the liability of the damager and the sum of the damages to which the injured is entitled and the…
Gill Nadel, Adv. As we know, when the platform fee is charged according to the value of the goods (around one percent), calculation of the value is done by the Customs Authority in accordance with the direction of the Customs Code (see paragraph 235(a) to the Port Ordinances,…
Gill Nadel, Adv. The court has ruled again - and this time in a higher instance (the district court of Haifa) - that the court filing fee to be paid for an action requesting a declarative writ on the cancellation of customs debt is not calculated by the size of those charges. As…
Gill Nadel, Adv. The Magistrate's Court of Tel Aviv recently gave a fundamental ruling that allows the public to examine a customs case that is being conducted with open doors. In that case, the author of this article (Adv. Gill Nadel, the petitioner) requested to examine the…
Gill Nadel, Adv. Cases with difficult circumstances can produce interesting decisions, too, and such was the decision of the Supreme Court on the case 10316/06 which was recently issued, in which the importer was represented by the author of this article, Adv. Gill Nadel, and…
Gill Nadel, Adv The Magistrate's Court of Haifa recently ordered unsuspended prison terms of ten months for two licensing clerks convicted, inter alia, of bribing customs officials. (Magistrate's Court of Haifa, 1646/06) The case involved two licensing clerks who handled the…
Gil Nadel, Adv. Two decisions handed down on the same day (15.10.07) by a judge of the Magistrate's Court of Haifa can give us an idea of the responsibility of the port for damages caused to containers that were loaded/unloaded there. One case involved an action of sea carrier…
Gill Nadel, Adv. As we know, many business conflicts stem from the fact that a written agreement was not formulated between the sides, and everyone argues with everyone else over what was agreed. But sometimes, even when there is a written and signed agreement between the sides,…
The World Customs Organization: “It's Hard even for us to be Strict about Uniformity of Application of the Harmonized system” Gill Nadel, Adv. The community of importers and customs agents frequently talks, justifiably or not, about the existence of “the state of Ashdod”, “the…
The fowarder must reimburse the exporter for goods failing to reach their destination promptly Gil Nadel, Adv. The courts are not ready to automatically accept the forwarders' claim that when they act as shipping coordinators on behalf of the exporter towards the relevant…
Keren Levi-Hafetz, Adv, Gil Nadel, Adv.Recently, the district court of Tel Aviv issued an important decision discussing the subject of fraud according to the Consumer Protection Law. In the decision, the district court acquitted the company Dr. Ron Baby Products, Ltd. and its…
(but the reasons raise questions) Gil Nadel, Adv.Recently, the Magistrate's Court of Tel Aviv issued another decision discussing the question the 'rolling over' of duties by the importer (paragraph 6 to the Law of Indirect Taxes) (תא 47001/01 Kivunim Systems v. State of Israel,…
Many recent decisions (like those surveyed in this issue) illustrated the need to compile written agreements on everything that has to do with delay payments, interest payments, right of lien, right of offset, clauses to limit liability in cases of damages and much more.…
Gill Nadel, Adv, Kedar Hileli The District Court of Tel Aviv issued a temporary writ forbidding Shufersal to market imitation Crocs shoes (בש"א 12803/07, for Crocs- Zeluf, Adv et al, for Shufersal- Riter, Adv et al) The case began on 12.6.07, when Shufersal published an…
Gill Nadel, Adv. The District Court of Haifa recently (2.8.07) partially accepted the stance of the Customs Authority regarding the invalidation of a certificate of origin. (תא 960/02, importer represented by Adv Ro'i feller and others, and customs- Attorney for Central Haifa).…
Gill Nadel, Adv. In a seemingly surprising way, the Magistrate's Court of Haifa (Hon. Nitza Sharon) issued two opposite decisions on two requests on similar issues. Involved are requests for stay of proceedings before the court in Israel in light of the existence of a judgment…
Gill Nadel, Adv. In a recently issued decision the Magistrate's Court of Tel Aviv ruled that a land shipper will be obligated to compensate a customs agent for payments made by the customs agent to the importer's insurer. (תא 034967/01, decision given 30.7.07, representatives of…
Gill Nadel, Adv. The saga of the raisins that masqueraded as blackberries is still not over. Recently, a decision was given by the Supreme Court (on an appeal on the decision of the District Court), which rejected the appeal of the importer, Poliva Company (עא 9647/05, for the…
Gill Nadel, Adv. The decision of the Magistrate's Court of Tel Aviv, that was given on 12.8.07 in תא 16115/05 (Neolog v. Shachaf Materials Upgrade, for Neolog- Advocate Stemeri, for Shachaf- Advocate Sodkovitz), provides a clear and panoramic perspective on the way in which the…
Gill Nadel, Adv. The Magistrate's Court of Jerusalem recently decided that a customs agent was responsible for damages incurred to an importer's cargo. The case involved an importer of rolls of paper. The cargo required a physical inspection and the customs agent, via a…
Gill Nadel, Adv. The recent decision of the Magistrate's Court of Tel Aviv includes a number of rulings regarding the interpretation of a customs' tariff writ, and to paragraph 6 of the Law of Indirect Taxes (תא 15119/03, decision given 1.7.07, names of advocates for each side…
The Customs Authority must give a reasoned notification of its decision Hila Volgmot, Adv, Gill Nadel, Adv. In this article, we will tell about two decisions dealing with the exercise of authority granted to the Customs Authority, in cases where the law establishes a limited…
Gil Nadel, Adv. A common argument: Shipping coordinators are immune from lawsuits An argument commonly made by international forwarders is that when they do not issue a combined bill of lading (FBL) but instead serve as shipping coordinators on behalf of the importer towards the…
Gill Nadel, Adv. The recent decision of the Magistrates Court of Tel Aviv (תא 047351/05 Yatir v. M.S. Lane) ruled what seems to be obvious: if a customs agent gives an open check to an international forwarder/ship agent for costs of shipping and releasing a certain cargo, this…
An arrangement approved by the court: the importer is not considered to be breaching confidence against the Standards Institute Gill Nadel, Adv. A dispute arose between an importer and the Director of Standardization and the Standards Institute regarding the interpretation of a…
Gill Nadel, Adv. The Magistrates Court in Tel Aviv recently voided a value adjustment done by the Customs Authority to a parallel importer of vodka. The case involved a parallel importer of Finnish vodka that imported the vodka from Holland. At first, the Customs Authority…
Gill Nadel, Adv. Recently, a decision was issued by the Magistrate's Court in Jerusalem in which the court softened somewhat the requirement for payment under protest required in paragraph 154 to the Customs Code. That case involved a suit filed by an importer for the refund of…
Gill Nadel adv. With the significant growth in the number of Israel certificates of origin that are being inspected by foreign customs authorities, Gill Nadel adv. provides a number of clarifications and tips regarding the suggested way to deal with the inspection and…
Gill Nadel, Adv. An Israeli exporter committed to supply 2000 tons of old iron rails to China. The exporter contracted with a customs agent to perform the export processes, and with a marine carrier to ship to China. The exporters packaged the cargo into containers and the cargo…
Gill Nadel, Adv. The local court in Jerusalem recently rejected an importer’s action against Ashdod Port for compensation for a shipping container that “disappeared”. According to the importer, a shipping container that contained cigarettes reached Ashdod Port and was unloaded…
the Terminal will Compensate, Customs will not Refund the Duties Gill Nadel, Adv. The recent decision given by the district court of Tel Aviv will not be good for shipment storers. A Palestinian importer imported two containers of cigarettes, stored them in a cargo terminal,…
Gill Nadel, Adv. Recently, a decision was given (or published) by the local court of Ashdod in which the claim of a bonded warehouse was accepted regarding being awarded a lien on the importer’s merchandise. As a rule, a lien is the right to self-help- a self remedy intended to…
Gill Nadel, Adv. As we know, a marine carrier has a shortened period of limitation of a year. The law establishes that a marine carrier is exempt from all responsibility regarding goods if a suit is not filed with the court within a year after the date of the transmission of the…
Esti Nadel, Adv, Gill Nadel, Adv. As we know, the field of international forwarding is a competitive field, characterized by high mobility of employees, customers, and providers. The different players in the field make an effort to protect themselves from the competition of…
עו"ד גיל נדל, צפריר בר אילן להלן נסקור החלטה מעניינת של ה"פוסק בקנין רוחני", שבמשרד המשפטים, שדנה בהתנגדות לרישום סימן מסחר. חברת אוניפארם, המייצרת ומשווקת תרופות גנריות לטיפול במחלות מטבוליזם (חילוף חומרים) ביקשה לרשום על שמה את סימן המסחר "Rosi" בסיווג של "תכשירים לטיפול…
