Fundamental Rights Section According to the information available to the Ombudsman Board so far, 122 complaints with respect to alleged violations of Art. IX para. 1 subpara. 3 EGVG were filed between January 2, 2005 and mid-September 2006. Five cases were concluded, without possibility of appeal, by the imposition of fines by October 2006. In one case, no fine was imposed. A few other pending cases were referred to other Municipal District Offices for jurisdiction reasons. 107 cases were closed; the Ombudsman Board will clarify by inspection of the relevant administrative records, which were transmitted on January 17, 2007, whether this is justified or justifiable. With respect to the mere warning provided as the mildest sanction in the Federal Equal Treatment Act, the Ombudsman Board expressed doubts as to the effective execution of this provision. There is no nation-wide database or review possibility in Austria providing information about whether a warning has been addressed to an employer or an enterprise before. It also seems doubtful whether a mere warning is in conformity with the obligation to impose dissuasive and effective sanctions provided in Art. 6 para. 2 of Directive 76/207 EEC, as amended by Directive 2002/73/EC (see Sturm, Richtlinienumsetzung im neuen Gleichbehandlungsgesetz und Gleichbehandlungskommissions- / Gleichbehandlungsanwaltschaftsgesetz, RdA 2004, pp. 574 et seq., FN 30). 3.3 Discrimination on the ground of illness or disability 3.3.1 Prohibition to use public transport in the case of compulsorily notifiable disease – Amending Act notified (VA BD/30-GU/05) In its 29th Report to the National Council and the Federal Council the Ombudsman Board reported about its official review of the prohibition to use public transport in the case of compulsorily notifiable disease and pointed out that legislative action is required in this connection. Not only the Vienna Public Transport Department and the 'Verkehrsbund Ost Region' (a union of all Viennese and peripheral public lines that controls the rates and time tables) generally exclude persons suffering from a compulsorily notifiable contagious disease from transportation - irrespective of whether there is a danger for other users of the transport services offered. In the course of its official review, the Ombudsman Board compared and systematically reviewed the relevant legal bases for the transportation of persons. Furthermore, it obtained a medical opinion to clarify which diseases bear an actual risk of contagion in public transport vehicles. On the basis of these investigations, the Ombudsman Board concluded that only open pulmonary tuberculosis bears a direct risk of contagion for other persons in pub84