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Ski Law in Italy - Legislation and Case Law

Publication at Faculty of Law |
2022

Abstract

The publication provides an insight into Italian ski law with an emphasis on the safety of ski resorts and the operation of winter sports in the snow, especially in their recreational form. The monograph clearly maps the development of winter sports safety legislation with an emphasis on skiing from the 1960s to the present.

It also includes a description of the creation of the FIS Rules, as a globally recognized code of conduct for skiers, which was created in Italy. Special attention is paid to the current legislation after its extensive amendment (D.

Lgs. 40/2021), effective from 1 January 2022, which brings significant changes, so it is analyzed and commented on in detail. In the next part, the author deals with the decision-making practice of Italian courts, while presenting the most important case law, concerning mainly liability for damage caused by winter sports.

The study also presents current doctrinal insights and possibilities for harmonizing ski law in EU countries. The publication concludes with the topic of ski responsibility, systematically divided into the liability of the skier (public), the liability of the ski resort operator, the liability of the organizer of ski races and trainings and professional liability (ski instructor, ski school).

The book is intended for representatives of the judicial professions, from lawyers to judges to forensic experts, as well as operators of ski resorts and related infrastructures, ski schools and clubs, as well as the general ski community, sports and professional institutions and representatives of mountain professions. The book certainly deserves the attention of our legislators, who should deal with the safety of the mountain environment and the setting of the necessary rules, in accordance with the public interest and the need for society as a whole.