Admissibility of waiving the right to withdraw from a teaching contract at any time

Facts

The appellant had enrolled in a course for the training of driving instructors with the respondent, [X. AG] . The course began on 17 July 2006 and was scheduled to last until 12 December 2006. The costs amounted to a total of CHF 16'900.--. The appellant dropped out of the course on 30 August 2006 and refused to pay the remaining tuition fees of CHF 8'000.--.

The respondent sued the appellant before the District Court of Zurich for payment of the remaining tuition fees. The appellant filed a counterclaim and demanded reimbursement of the services already rendered. The District Court and the High Court of the Canton of Zurich dismissed the counterclaim and ordered the appellant to pay the remaining tuition fees.

The appellant filed an appeal with the FSCA, arguing that the right to withdraw at any time under Art. 404 para. 1 CO was mandatory and could not be waived by contract.

Considerations

The FSCA examined whether the appeal was admissible. It found that the amount in dispute did not reach the required amount of CHF 30'000.--, but a question of law of fundamental importance was at stake, namely whether the right to withdraw at any time in a teaching contract…