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
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