minimum period of residence. However, this has been rejected thus far by the Carinthian State Government, which refers to similar provisions in other Austrian States. Similar provisions in other Austrian States As a result, the AOB conducted an ex-officio investigation of comparable family benefits in other Austrian States. In addition to Carinthia, the States of Burgenland, Upper Austria, Salzburg and Vienna have such minimum residence clauses, as well as sporadically occurring citizenship clauses with regard to family benefits. Therefore, the AOB has contacted the State Governors in question and requested that they amend the relevant guidelines to make them compliant with EU law and the Constitution. This has already been implemented in part by the States affected, respectively, it will be implemented. SYSTEMATIC TB TESTING OF PERSONS FROM NEW EU STATES Ms. N.N., a Hungarian citizen, wanted to relocate her primary residence to Upper Austria, to live there with her partner. The Authorities demanded that she undergo a lung X-ray. She considered this discrimination of herself as an EU citizen and turned to the AOB for help. The AOB was able to achieve that the States of Upper Austria and Salzburg changed their legal provision. Pursuant to a directive of the State of Upper Austria, persons residing in Bulgaria, Estonia, Latvia, Lithuania, Poland, Romania and Hungary (among others) who wish to establish a residence in Upper Austria must be tested for tuberculosis. Systematic testing of persons of several EU member states is also required in Salzburg. Systematic TB testing violates EU law 46 This systematic testing of persons from other EU member states who are taking advantage of their right to freedom of movement violates anti-discrimination provisions under EU law. Free examinations by a physician can only be ordered if serious indications are present, in order to establish that persons who are entitled to reside in an Austrian State are not suffering from a communicable disease. The Minister of Health agreed with the AOB and requested the Governor of Upper Austria to amend this provision. This was done shortly before the editorial deadline of this report. Salzburg has also submitted a draft to amend its relevant provision.