“Misguided” French Court Verdict in SCGB Case
“Misguided” French Court Verdict in SCGB Case
Published : 05-May-2016 11:22
The Ski Club of Great Britain's (SCGB's) Chief Executive Frank McCusker has branded a French appeal court decision in favour of the Ecole de Ski Français (ESF) and against the Ski Club as, "misguided and inappropriate."
"This is the outcome we expected but we still believe it to be misguided and inappropriate. We will continue our fight and we will be launching a further appeal in the French Criminal Supreme Court in Paris," said Mr McCusker who was commenting after Ski Club of Great Britain leader Ken Piddlesden was unsuccessful in turning around the original court's decision at an initial appeal hearing in Chambéry.
Supported by the Ski Club, Piddlesden attended the Court of Appeal in Chambery on 30th March 2016, where, on his behalf, his lawyer presented the case for his defence.
The appeal was immediately launched by the Ski Club after the initial judgement in the lower court in Albertville which found Club leader Ken Piddlesden in contravention to Art.L.212-1 of the French Code du Sport in January 2015.
The Ski Club contends that Mr Piddlesden was a volunteer so did not have to meet teaching qualifications of paid instructors in France, the French case is that he was effectively paid so does have to abide by their law.
"As Ski Club leaders are non-remunerated volunteers the club continues to maintain the action is misguided and inappropriate," a statement on behalf of the Ski Club reads.
It is one of three similar but different cases currently working their way through the French and potentially European court system involving British people leading, hosting, guiding or teaching in some way British people on French ski slopes without the qualifications the French government say they must have.
Along with saying they have not broken the law, most argue that the French rules in any case contravene European law in their opinion.
At the appeal in the SCGB case a further €800 of damages has been awarded in favour of each of the Ecole de Ski Français (ESF) associations involved. The legal reasoning behind this decision will be given in the written judgement to follow.
The Ski Club of Great Britain, on behalf of Ken Piddlesden will seek to launch a further appeal in a higher court in Paris and in due course his lawyer will also be lodging an official complaint with the European Commission on his behalf. A request to the appeal court in Chambéry to refer the case to the European Court of Justice was refused.
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