Jerusalem Man Wins 12-Year Legal Battle Against Carrefour Over Noise

An 86-year-old Jerusalem man has been awarded 100,000 shekels in damages after a decade-long legal fight against the Carrefour supermarket chain for disturbing his peace. The man, a bereaved father living with his wife in an apartment above the supermarket since 1973, sued the store, operated by Global Retail K.I., after delivery trucks repeatedly unloaded goods at night, causing significant noise and disrupting his sleep.

The legal saga began in 2018 when the man petitioned the Jerusalem Municipality to close the store, citing nighttime deliveries and reversing trucks. A settlement was reached where Carrefour agreed to cease unloading between 8 PM and 7 AM, provide a guard and 24-hour surveillance, and pay a fine for each documented violation. However, the terms were later relaxed when the store received a permanent business license until 2032, allowing unloading before 6 AM.

The resident argued that Carrefour continued to violate the terms even after receiving the new license, with suppliers arriving late at night. He obtained a temporary injunction in April 2023 prohibiting unloading between 10:30 PM and 6 AM and filed multiple contempt of court motions. The court noted that Carrefour's actions to address suppliers were only more decisive when financial penalties were involved.

During the trial, the man presented hundreds of documented violations, explaining he had to film from his window to avoid confrontations with truck drivers. He testified emotionally, stating, "I haven't slept at night for 12 years." The store's operations manager claimed they had contacted suppliers, but it was revealed that only one, Angel Bakery, received written requests, and only from June 2023 onwards.

The Jerusalem Magistrate's Court ruled that the man suffered a "tangible and substantial and ongoing disturbance" to his reasonable use of his apartment, justifying compensation for nuisance. While the court agreed the original settlement agreement was superseded by the permanent business license, it awarded higher damages under tort law. The judge also criticized the Jerusalem Municipality for not adequately enforcing the license terms, requiring the resident to repeatedly seek legal recourse.