Last season, the National League consisted of 10 teams, and now a place has become available that needs to be filled. The association had two requests to fill the vacant place: one, of Hapoel Benot Araba, which finished the last season in first place in the national league, and the second, of the applicant, who finished third in the national league. It should be noted that the team that won second place in the National League did not ask to register in the National League.
The association chose to act according to a basic and natural sporting principle and preferred the Hapoel Benot Araba team as the one that won first place in the national league. Although this choice is not regulated in the rules of the women's league, according to the association, the association's basic bylaws (hereinafter: "the basic bylaws") should be applied with the necessary changes to the women's leagues, and this principle should be applied.
- The association has also singled out an argument to the High Court for Women's Football Allocations Justice, which is pending and which has not yet been decided, and which, if it is accepted, will have a significant change in everything related to the total allocations to women's soccer teams, since the sport will have to meet the minimum conditions for recognition in the league, including the minimum requirement of 8 teams in the national league in order to receive a budget.
According to her, to the extent that the petition in the High Court of Justice case is accepted, the reality will change so that the national league will become a competitive league for all intents and purposes. Under these circumstances, the association is concerned that some of the teams registered in the national league will cease their activity, thus thwarting the possibility of receiving a budget for the national league.
Discussion and Decision
- The normative framework for our case is regulated in Regulation 362 of the Civil Procedure Regulations, 5744-1984, entitled "Application for Temporary Relief", which provides as follows:
- a) If a request for interim relief is filed in the framework of an action, the court may grant the requested relief, if it is persuaded, on the basis of prima facie reliable evidence of the existence of the cause of action and the fulfillment of the conditions specified in the special provisions in this chapter, relating to the requested interim relief.
(b) In its decision regarding the granting of interim relief, the type, scope and terms of the relief, including with regard to the guarantee that the applicant must provide, the court shall take into account, inter alia, the following considerations: