Therefore, the total annual income from the system, plus tax appeals and for 25 years - the years of the system's life - amounts to a total income of ILS 2,338,318. Since the cost of setting up the system is ILS 464,607, the expected future profit is based on the difference between the two and in the antitrust system - ILS 1,873,711. Since we are dealing with a partnership, the plaintiff was entitled to enjoy 47% of those profits, and a total of ILS 860,844, and the capitalization amounts to ILS 354,937 (see also paragraph 65 of the plaintiff's summaries).
- As will be detailed below, the remedy for existential compensation or agreed compensation (which, as aforesaid, also coincides with its definition in the agreement), should be postponed, after the plaintiff has not proven a variety of data necessary for the purpose of calculating the expected profit.
- Production output - first and foremost, the plaintiff did not prove that each KW1 indeed produces 1,700 kWh per year. In this context, the plaintiff's argument that this is a "proven and verified empirical figure according to the number of hours of sunshine in Israel and their effect on production" or that it is a matter of "judicial knowledge" (paragraph 62 of the plaintiff's summary).
The plaintiff did not present any document on behalf of the IEC confirming this figure as a fixed figure that does not change in the seasons (winter and summer) or one that indeed indicates a fixed annual average (one that allows for linear calculation).
Moreover, this argument is also inconsistent with the logic of things, while it is clear that productivity is affected and may vary from a variety of factors, including geographical location (such as the north or south of the country, a desert or forested area, a flat or mountainous area, etc.), concealment factors such as vegetation, trees and buildings in the vicinity, the roofs themselves, the angle of installation, as well as (or primarily) the type and quality of the system. Hence, this figure should not be established as a judicial opinion.