Court Rules Against Ski Club Leading in France
Court Rules Against Ski Club Leading in France
Published : 14-Jan-2015 09:24
(Pic credit Vanessa Fry)
A French court has come down against the Ski Club of Great Britain's leading service in the country.
Under the service, which the Ski Club had operated in more than 30 resorts in seven countries worldwide, and has done for more than 50 years, volunteer Ski Club Leaders take Club members on ski trips around resorts, showing them the best spots on and off piste.
The outcome from the hearing held on 8th December 2014 in Paris against Ski Club of Great Britain Leader, Ken Piddlesden was announced yesterday and the court has found against the Club.
The action was brought after Piddlesden was stopped on the piste in Val d'Isère, France in April last year and questioned by the gendarmerie (military force charged with police duties) in relation to Art.L.212-1 of the French Code du Sport. Under this article it is a legal requirement to have the relevant and appropriate qualification(s) to instruct, lead or guide skiing (groups) if remuneration is received.
The Ski Club's position is that as Club leaders are non-remunerated volunteers the club continues to maintain the action is misguided and inappropriate.
Ski Club Leaders are understood to receive practical and logistical support in resort and it is unclear if the French Court has decided this amounts to 'remuneration' even though Leaders are not paid directly.
The case is similar, but wholly separate, to two others going through the French courts. One against ski teacher Simon Butler accused of teaching without the correct qualifications accepted in France, one against British tour operators for offering free 'hosting' familiarisation tours of easy marked pistes in resorts to their clients.
An initial hearing originally scheduled for 1st September 2014 was delayed until 8th December to allow the French authorities more time to prepare their case.
Yesterday afternoon (12 January) during the hearing, presided over by Emmanuelle Bouyé, the Club leader was fined 10,000€ of which 5000€ was suspended. The judge also awarded a symbolic damages payment of one Euro to the ESF.
There is no custodial sentence for Ken or the Club. This outcome means that the Ski Club will continue its current Ambassador programme in France.
"We have asked our lawyer to immediately lodge an appeal to the court in Chambery. He will also be lodging an official complaint with the European Commission on our behalf," said Frank McCusker CEO at the Ski Club of Great Britain.
"This is the outcome we expected. By adapting our services to members we are able to continue resort operations this season and we look forward to helping people to get the most out of their stay in the French resorts. Our Ambassadors whilst not able to ski alongside the members can still help them to plan an epic day on the mountains by suggesting routes and organising instructors and guides to optimise their time and experiences on snow. It is sad that skiing with a Ski Club Leader will not be reinstated in France this season.
"Thankfully the Ski Club's Leader service in Switzerland, Austria, Italy, Andorra, Canada and America is unaffected by this outcome and is fully operational. We have also introduced our new 'Catch-Up' service that helps members to connect with each other to find a ski, boarding or socialising buddy in resort. We must thank everyone who has helped us to fight for the right to ski together socially. We will be continuing that fight," Frank concluded.
France was the main nation where the Ski Club operated its Leader programme and with its removal the nuber of resorts where the service is currently provided dropped from more than 30 to less than 20. It has just added Mayrhofen in Austria to the list however bringing the number of leader resorts back up to 18 while the number of Ambassador resorts in France remains at 11.
Remaining Ski Club Leader resorts:
ANDORRA: Soldeu
AUSTRIA: Ischgl, Kitzbühel, Mayrhöfen, Obergurgl, Zell am See,
CANADA: Whistler
ITALY: Cervinia, Sauze d'Oulx
SWITZERLAND: Davos, Grindelwald, Klosters, Murren, Saas Fee, Verbier, Wengen, Zermatt
USA: Jackson Hole
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