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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