involved in the area of divested public responsibilities, are not subject to the investigative purview of the AOB, due to the large number
of complaints in this area, there is an urgent need to expand the
investigative purview of the AOB in this direction.
Numerous complaints were made regarding different rates for
semester tickets for students sold by Wiener Linien (Vienna’s Public
Transport Authority). The company charged students with a primary
residence in Vienna EUR 50.50. The same ticket for students with
primary residence in other States costs EUR 100.
Different rates for
During its investigative proceeding, the AOB determined that semester tickets are subsidised by the Federal Ministry for Traffic, Innovation and Technology and the City of Vienna. This benefit, however,
does not depend on the residence. It is associated with age and
receipt of a family allowance. Therefore, this subsidy does not constitute unequal treatment of students who do not have their primary
residence in Vienna. However, students from Vienna profit doubly.
The City of Vienna subsidises the tickets for Viennese residents with
an additional EUR 49.50 per person, which is why there is a different price for semester tickets. The City of Vienna argued that this is
not a subsidy that is associated with discriminating conditions. On
the contrary, this is intended to support Viennese students and their
education. Other States also support this public interest and take
similar steps.
Viennese students
After a thorough investigation, the AOB determined that the tariffs
charged by Wiener Linien for semester tickets comply with the EC
prohibition of discrimination and the Austrian principle of equal
treatment. The different prices therefore are within the law. In awarding this grant, the City of Vienna states that it has chosen a similar
course of action as other States to subsidise students. This grant is
not a subsidy of a company that is associated with discriminating
conditions, but rather it serves the purpose of supporting students
during their education, which is in the public interest. Accordingly
both the course of action undertaken by Wiener Linien and that
undertaken by the City of Vienna appear to be proper and within the
law as defined by the EC prohibition of discrimination and the national principle of equal treatment.
Viennese tariffs
public transport
in Vienna
profit twice
within the law
33
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