Brussels, 22/07/2016 (Agence Europe) - Austria imposes unjustified restrictions on ski instructors from other member states, according to the European Commission, which took the country to the European Court of Justice on Friday 22 July in this connection.
Backing up its complaint, the Commission mentioned two situations in two different Länder. The first is in the Austrian Land of Tyrol, which does not allow foreign ski instructors to manage clients who were already present in Austria. Foreign ski instructors may only provide services to clients whom they accompany from the member state in which they are registered or where their ski school is located.
The Commission says that these rules are not justified by the need to ensure public safety in the high mountains because other options are available under EU legislation on the recognition of professional qualifications that allow the verification of the specifics of the qualifications of foreign professionals when it comes to safety without closing off part of the market from them. Moreover, it appears that such restrictions do not exist in other regions of the Alps. The Commission therefore feels that the demands imposed by Tyrol are neither proportionate nor necessary and are a restriction on the freedom to supply services under Article 56 of the Treaty on the Functioning of the European Union (TFEU).
The second case is about the Land of Styria, where various foreign ski instructor qualifications are not recognised (such as those for telemark ski instructors, Nordic ski or adapted ski instructors). The Commission says this is incompatible with EU rules on the free circulation of workers, the freedom of establishment and the freedom to supply services, as set out in Articles 45, 49 and 56 respectively of the TFEU, and neither is it compatible with EU case law. The Commission therefore asks the European Court of Justice to put an end to the situation. (Original version in French by Sophie Petitjean)