Jerusalem Man Wins 12-Year Battle Against Carrefour Over Nighttime Deliveries

An 86-year-old Jerusalem man has been awarded 100,000 shekels in damages after a decade-long legal battle against the Carrefour supermarket chain for persistent nighttime noise from delivery trucks. The Jerusalem Magistrate's Court ruled that the "continuous nightmare" caused by the trucks, which unloaded goods near his apartment building, significantly disrupted his life.

The dispute began in 2018 when the man, a bereaved father living with his wife in their apartment since 1973, sued the Jerusalem Municipality and the supermarket. He complained that delivery trucks arrived late at night, reversing and creating noise that disturbed his sleep. An initial settlement was reached, requiring Carrefour to refrain from unloading goods between 8 PM and 7 AM, provide a security guard and 24/7 camera surveillance, and pay a fine for each documented violation.

However, the situation escalated when Carrefour later obtained a permanent business license with slightly relaxed conditions, allowing unloading before 6 AM instead of 7 AM. The resident argued that the store continued to violate the terms, 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, alleging repeated breaches.

The court noted that Carrefour's efforts to address the issue with suppliers were only intensified when it affected their finances. The plaintiff presented hundreds of documented violations, testifying that the noise had prevented him from sleeping for 12 years and that he only sought peace, not money. He described having to film from his window to avoid confrontations with truck drivers.

While the court accepted Carrefour's argument that the initial settlement was superseded by the new business license, it found that the resident had suffered a "tangible and substantial and ongoing disturbance" to his reasonable use of his apartment, justifying compensation under the tort of nuisance. The judge awarded 100,000 shekels for non-pecuniary damages, plus 17,000 shekels in legal costs, a sum higher than what would have been awarded under the original settlement for the documented violations. The ruling also criticized the Jerusalem Municipality for not adequately enforcing the business license terms, suggesting the resident shouldn't have to repeatedly resort to civil court.