Supreme Court Confirms Ski School Proviso

Supreme Court Confirms Ski School Proviso

The Supreme Court has confirmed that a ski school licence is mandatory to give skiing lessons. A business licence for “Life Coaching” is not sufficient.

In the case in question the holder of a business licence for life coaching and social counselling in Tyrol regularly gave cross country skiing lessons without having a ski school licence as prescribed in the Tyrolean Ski School Code (the so-called “ski school proviso”). The licence holder argued that he was entitled to give instruction in cross country as sports-scientific counselling, this being in line with his business licence.

The Tyrolean Ski School Association (TSLV), represented by attorney Dr. Georg Huber, LL.M. of  Greiter Pegger Kofler & Partners, saw this as a circumvention of the ski school proviso and took legal action. The TSLV won their case in the first and second instances and on August 11, 2015 the Supreme Court confirmed the ruling (4 Ob 93/15b)  and prohibited the defendant from continuing to give skiing instruction.

The Supreme Court reinforced that a licence to give skiing lessons in the sense of teaching movement techniques is not sufficient. Skiing instruction is only permissible through approved ski schools.

The Supreme Court further stated that it did not see any reason to question the constitutionality of the ski school proviso.  In view of the alpine dangers connected with skiing the proviso is in the public interest and therefore justified.

The Tyrolean Ski School Association was very pleased about the decision, as it can also be seen as a clear commitment to the quality and the excellent reputation of Tyrolean ski schools.

OGH 4 Ob 93/15b

back