Fundamental Rights Section 4 EC-Treaty 4.1 Discrimination on the ground of residence Excerpt from the 24th/25th report of the Ombudsman Board to the State Parliament of Lower Austria (2004-2005) 4.1.1 Discriminatory entrance fees charged to non-resident visitors of a beach in the Municipality of Klosterneuburg (VA NÖ/178-G/04, State government of Lower Austria LAD1-BI-52/045-2004, Municipality of Klosterneuburg GAIII-BG046426, BKA-671.828/0010-V/A/8/2004) N.N. turned to the Ombudsman Board filing a complaint that the Municipality of Klosterneuburg as operator of a bathing beach in Klosterneuburg was charging illegal and discriminatory fees, because much higher fees were charged for season tickets to 'non-local residents' than to 'local residents'. This would not only violate the principle of equal treatment applicable in the private sector administration, but also be at variance with the case law of the Court of Justice of the European Community on the discrimination of non-local residents compared with local residents. The Ombudsman Board requested the State government of Lower Austria as well as the Federal Chancellor to give their opinion on the current issue, hereby referring to the judgment of the Court of Justice of the European Community of January 16, 2003, file number C-388/01. In this judgment, which concerned the Italian Republic, the Court found that a Member State allowing advantageous rates for admission to museums, monuments, galleries, archaeological digs, parks and gardens classified as public monuments, granted by local or decentralised State authorities only in favour of nationals and persons resident within the territory of those authorities running the cultural sites in question who are aged over 60 or 65 years, and by excluding from such advantages tourists who are nationals of other Member States and non-residents who fulfil the same objective age requirements, a Member States fails to fulfil its obligations under Articles 12 EC and 49 EC. 99