Kernrechtsfrage
Whether the summer toboggan run falls under the Railway Liability Act (EHG).
Extrahierter Entscheid
The defendant was not the operator of a railway undertaking within the meaning of the EHG.
Extrahierte Begründung
The track did not run on rails, was not used for public transport, and did not transport passengers in the statutory sense because users controlled and braked the sleds themselves.