al Petition/Administrative Claim 20037-03-25
| Before: | The Honorable Judge Ofer GrosskopfThe Honorable Judge Yechiel Kashkovd Judge Ruth Ronen
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| The Appellant: | Zohar Hutzot Ltd. | ||
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Against
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| Respondents: | 1. Kiryat Ono Municipality
2. Kiryat Development Company – Ono Ltd. 3. First Look – Outdoor Advertising Ltd. 4. Hutzot Gold Ltd. 5. Good Deal Advertising 2005 Ltd. |
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Appeal against the judgment of the Tel Aviv-Jaffa District Court sitting as the Court for Administrative Affairs (Judge K. Vardi), dated February 27, 2025, [Nevo] in Administrative Petition 25510-02-25 |
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| On behalf of the Appellant:
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Adv. Moshe Amsalem; Adv. Tzlil Bar-Sela | ||
| On behalf of Respondents 1-2:
On behalf of Respondent 3: On behalf of Respondent 4: |
Adv. Yudan Koritzky
Adv. Raz Be’eri Adv. Yoram Muskat; Adv. Orian Eshkoli Yahalom
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| Judgment
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Judge Yechiel Kasher:
We have before us an appeal against the judgment of the Tel Aviv-Jaffa District Court, sitting as the Court for Administrative Affairs (Judge K' Vardi), since 27.2.2025, [Nevo] OnAdministrative Petition 25510-02-25. In the judgment that is the subject of the appeal The appellant's petition to disqualify the bid of respondents 3-4 and to declare it the winner was rejected, in the tender for the operation, supply, installation and marketing of outdoor advertising facilities and for the granting of marketing and advertising rights on these facilities, which were published by respondents 1-2.
Background
- On November 24, 2024, Respondents 1-2, the Municipality of Kiryat Ono and the Kiryat Ono Development Company (hereinafter, respectively: the Municipality and the Development Company), published the "Public Tender No. 24/2024 for the Operation, Supply, Installation and Marketing of Outdoor Advertising Facilities and the Granting of the Right to Marketing and Advertising on these Facilities in the City of Kiryat Ono" (hereinafter: the tender). In summary, as part of the tender, the bidders were invited to enter into agreements with the Municipality, through the Development Company, in the framework of which the winning bidder will operate for the installation, operation, supply and marketing of outdoor advertising facilities, and will pay the Municipality a franchise fee for the right to advertise on these facilities, for a period of up to 60 months (5 years)).
The advertising facilities that are the subject of the tender were divided into three categories: The first consisted of illuminated deliberate advertising installations, Map Oriented, Shed box and advertising head (Below: Category 1); The second included advertising facilities of the type "Billboard" (Below: Category 2); and the third included electronic signage advertising facilities (Below: Category 3). About-According to the terms of the tender, Each bidder could submit a proposal in relation to any of the following categories"To or in relation to any combination of these categories.