Shemesh v. Focaccetta

This is an appeal from a decision of the Jerusalem District Court that denied the applicant leave to appeal a Small Claims Court decision. The Supreme Court held that the Restriction of Smoking in Public Places Law does not provide for compensation without proving damage. Noting that it is difficult to prove damage from an incident of smoking and that the statutory breach here impacted a family including children and a pregnant mother, the Court held that there are grounds "for giving a stronger emphasis to the damage, for the purposes of deterrence" and awarded the applicant additional compensation.


Shemesh v. Focaccetta, LCA 9615/05, Israel Supreme Court (2006)

  • Israel
  • Jul 5, 2006
  • Supreme Court Sitting as Court of Civil Appeals


Plaintiff Irit Shemesh

Defendant Focaccetta, Ltd.

Legislation Cited

Prevention of Smoking and Exposure in Public Places Act, 1983 (as amended)

Duty of Reporting Health Hazards Caused by the Smoking of Tobacco Products Law, 5761-2000

Restriction of Smoking in Public Places (Affixing Signs) Regulations, 5744-1984

International/Regional Instruments Cited

Related Documents

Type of Litigation

Tobacco Control Topics

Substantive Issues

Type of Tobacco Product