The Austrian Constitutional Court is of the opinion that a less favourable treatment of Austrian citizens in comparison to foreign nationals must be gauged in accordance with the principle of equality. Therefore, an objective justification is not necessary. The Constitutional Court has also applied this consideration to so-called reverse discrimination (of Austrian citizens). This is not discrimination according to the criteria of citizenship, but the discrimination of purely domestic issues vis-à-vis issues that relate to the European Community. Reverse The non-academic further qualification of doctors is in the interest of the best possible care of the population and therefore a motive on the part of the legislator that must be recognised. But even with this reasoning, it is questionable if, under the aspect of the principle of equality, sufficient reasons can be put forward that medical training that enables the independent practice of medicine in all EU countries outside of Austria does not provide a sufficient qualification for the independent practice of medicine in Austria. EU qualifications discrimination not sufficient for Austria DIFFERENTIATING TARIFFS FOR MEN AND WOMEN The AOB has received numerous complaints, in which people complained that when using public facilities, such as swimming pools, ski lifts, parks, fitness studios, etc., they had to pay higher fees in comparison to the local population. The complaints were associated with facilities that were either directly operated by the municipality or operated in a certain relationship of dependency with or an exertion of influence by the municipality. The prohibition of discrimination within the Community, pursuant to Art. 12 and Art. 49 of the EC Treaty, interdicts discrimination for reasons of citizenship, and/or restrictions of the freedom to provide services for nationals of member states who are residing in a Community member state other than the country of the service recipient. In a number of rulings, the European Court of Justice has represented the opinion that a member state that grants unjustified tariff or price advantages to local residents as compared to non-residents is violating its duties. EC prohibition of discrimination 31