21 May 2020

After seven years of court battles with the french authorities following his arrest in the resort of Megève, Simon Butler has won a landmark case that highlights the issues around mutual recognition of instructor qualifications in Europe.

Simon Butler was arrested whilst teaching on the ski slopes in Megève in 2013 and found guilty of teaching without the correct qualifications.

An analysis of the implications of the court rulings conducted by the European Confederation of Outdoor Employers is critical of the protectionist approach of the  French authorities and of the British Association of Snowsport Instructors (BASI), which it says has failed to defend its own members. It claims that anyone with BASI Level 2 or above now has the right to work in France, as long as they declare themselves and their qualifications to the authorities in advance and allow 2 months for them to be considered.  

Article R.212-90 of the French Code of Sport based on European directive 2005/36/EC establishes a presumption of qualification  for EU citizens as soon as the country of origin regulates the training of a ski instructor, delivered by a competent authority (eg BASI). This presumption of qualification also applies to all regulated outdoor professions or training.

The ECOE says that the EU Directive requires UK and other EU nationals to have “a level of qualification at least equivalent to the level immediately below that required on the national (French) territory”.

Read full article on PlanetSki.