"The Evacuation and Reconstruction Law does not explicitly state that the lack of equality constitutes a reasonable ground for refusal, and section 6 of the law even suffices with the duty of disclosure and transparency regarding changes in consideration. However, it was held that the examination of substantive equality between apartment owners with similar characteristics is an integral part of examining the feasibility of the transaction; Hence, it follows that even though equality is not a statutory "threshold condition" in the list of grounds for refusal, it constitutes an essential criterion that the court examines in order to ensure that the transaction is fair and not discriminatory, in order to prevent a situation in which one tenant receives significantly inferior terms without substantive justification. "
In the framework of the case law, the question of what is the equality that is relevant to the claim of refusal - is it quantitative equality - i.e., according to which each apartment will receive an identical addition of area or a quantitative equality that will be reflected in the determination of the characteristics of the original apartment in determining the quantitative addition that will be determined in the consideration apartment. I will note that another issue that was discussed is whether in determining the characteristics of the original apartment economic disparities should be reflected and in addition whether the additions should be economically equal - i.e., whether the equality should be economic, but I am not required to address this issue in this case (for more on this last issue, see - Miscellaneous Appeal - Civil (Tel Aviv District) 32926-01-22 Israel Nitza v. Yahav Ron (June 15,2022); Miscellaneous Appeal - Civil (Tel Aviv District) 14413-02-22 Shlomo Shochat v. Yocheved Peretz (April 26,2022); Civil Appeal Authority 4443/22 Yocheved Peretz v. Shlomo Shochat (07.08.2022); Miscellaneous Appeal - Civil (Tel Aviv) 19339-01-23 Adv. Helen Eisen v. Tucker Leon Bernard (May 15,2023) (hereinafter: the "Eisen Case")).