Jerusalem Man Wins 12-Year Battle Against Carrefour Over Noise Disturbances
An 86-year-old Jerusalem resident has finally received significant compensation from Global Retail K.Y., the franchisee of Carrefour in Israel, after a more than decade-long legal battle over noise and disturbances from a supermarket operating in his building. The Jerusalem Magistrate's Court ruled that the supermarket chain must pay the man NIS 100,000 for non-pecuniary damages and NIS 17,000 in legal costs.
The dispute began in 2018 when the man, a bereaved father living in the same building since 1973, sued the Jerusalem Municipality, demanding the closure of the Carrefour branch located on the ground floor. He claimed that delivery trucks arriving at night caused noise and vibrations, disrupting his sleep. An initial settlement was reached, requiring Carrefour to cease unloading goods between 8 PM and 7 AM, provide a security guard and 24/7 camera surveillance, and pay NIS 750 to the ALUT association for each documented violation.
Later, Carrefour received a permanent business license until 2032 with slightly relaxed conditions, allowing unloading before 6 AM instead of 7 AM. This led to a new legal argument: whether the original settlement agreement was still valid. The plaintiff argued that Carrefour continued to "blatantly violate" the terms even after obtaining the new license, with suppliers still arriving late at night. He obtained a temporary injunction in April 2023 prohibiting unloading between 10:30 PM and 6 AM and subsequently filed four contempt of court petitions, alleging repeated violations.
The court noted that Carrefour's responsiveness to suppliers improved only when it affected their finances. During the trial, the plaintiff presented hundreds of documented violations, though he filed a claim for only 133 due to court fees. He described having to film from his window to avoid confrontations with truck drivers and testified emotionally about his sleepless nights over the past twelve years.
Carrefour's operations manager claimed the company had contacted suppliers, but evidence showed only one supplier, Angel Bakery, was contacted in writing, and only starting in June 2023. The store manager asserted that deliveries only began at 7 AM, but this was contradicted by the presence of a supermarket cart with a sign and a chain without a lock, which were no longer in place.
The court found that the supermarket had no economic incentive to enforce the terms when it didn't impact its profits and that the plaintiff suffered a "tangible, substantial, and ongoing disturbance" to the reasonable use of his apartment, justifying compensation for private nuisance. While the court agreed the original settlement was superseded by the permanent business license, it awarded higher compensation under the tort claim. The judge also criticized the Jerusalem Municipality for not adequately enforcing the business license terms, suggesting the plaintiff shouldn't have to repeatedly resort to legal action.
