I did not find at this stage the Association's argument that granting the request would require the registration of additional teams that petitioned and their application was rejected. This is because I was not presented with the reasons for the rejection of these groups, and it was not clarified to me whether the rejection was made on other grounds, such as non-compliance with the registration conditions, etc.
- I have not yet found at this point in the Association's claim that from its "experience", since these are new teams, there is a risk that they will not finish the season in the league and thus will be left less than the minimum total needed to receive the budget. Let's take, for example, a situation in which the Association's experience every year replaces 5 teams, would the Association then refuse to make any registration for the National League?
To this, it should be added that the Association's representative admitted today that there is a "theoretical" concern that some of the teams that will start the upcoming season of games in the National League will not finish it. It is therefore clear that this is a purely theoretical concern, and in any event, this does not constitute a substantive reason for rejecting the Applicant's application to join the League.
- From all of the above, it is therefore clear that this is an exceptional circumstance and that the only operative remedy, proportionate and reasonable, is the issuance of a temporary injunction instructing that the Applicant's registration to the National League should be accepted and that she should be allowed to participate in the Respondent's National League for the season of games that will begin in two days, until a decision is made in the main action.
- Therefore, relief was granted as detailed in section 46 instructing that the Applicant is entitled to participate in the Respondent's National League for the season of games that will begin in two days, until a decision is made in the main action.
- The Respondent will bear the Applicant's expenses in the sum of ILS 25,000.
The Secretariat will urgently forward a copy of this decision to the parties.