Fundamental Rights Section dated June 21, 2004 and August 23, 2004 pursuant to Sect. 68 para. 4 point 1 AVG 1991. c) (Only) the legal effect of these decisions clear the path for the Municipal Council to amend its appeal decision dated June 21, 2004 on the basis of Sect. 68 para. 2 AVG, such that the appeal of the plaintiff dated May 28, 2002 can be granted and the official notification of the mayor dated May 13, 2003 pursuant to Sect. 66 para. 4 AVG 1991 can be rescinded without replacement. 3. Ultimately, N.N. is to be informed that he can apply for an exemption from the connection obligation. The precondition for this is that the continued use of own water supply lines must not endanger health. Assessment from a state authorised inspection institution or an expert, by whom test sampling is also to be carried out, should already be attached to the application – as clarified in Sect. 2 para. 3 Lower Austrian Water Supply Line Connection Act 1978. Mandatory connection is to be assumed, until it has been legally determined that a property is exempted from mandatory connection. 4. Infringement of the provisions of the Lower Austrian Water Supply Line Connection Act 1978 is to be punished with administrative penalties, according to Sect. 12. The steps taken in this respect by the Municipality of Tulln are not objected to by the Ombudsman Board. Incorrectly, the Lower Austrian Independent Administrative Tribunal assumed in its decision dated July 9, 2004 that the question of unlawfulness depends on the existence of a legally effective connection obligation notice. As initially described, this is not required according to the Lower Austrian Water Line Connection Act 1978. Fortunately, the Municipality of Tulln took up the recommendations of the Ombudsman Board. The respective steps under procedural law were initiated within a period of one month. Therefore, from the point of view of the Ombudsman Board, additional instances were not necessary. 47