Discrimination based on place of residence
FEES FOR NON-RESIDENTS HIGHER THAN FOR RESIDENTS
Municipalities are not permitted to charge non-residents more
than residents. A 10% surcharge to use a day centre in a home
for the elderly, or differing entry fees for a swimming lake, infringe
EU non-discrimination and equality principles. These prohibitions are also applicable to the aforementioned cases. Statutory
prohibitions as defined in the Austrian Civil Code are involved,
which means agreements which conflict with those prohibitions
are (partially) void.
It was brought to the AOB’s attention that the home for the elderly in
Schwertberg (Upper Austria) had been built by the local municipality.
Subsequently a day centre, operated by the non-profit care organisation Volkshilfe Perg, was built adjoining it. The municipality was
charging day centre users day rates for use of services. To use the
day centre, individuals not resident in Schwertberg were subject to
a 10% surcharge on top of the income-based rates. Since the municipality of Schwertberg was unable to proffer any pertinent grounds
for this, the AOB demanded that the fees be made uniform.
Example from
Upper Austria
The Municipality of Gaishorn (Styria) was charging Gaishorn residents € 15 for a season ticket for the swimming lake, while charging
non-residents € 17. Initially the municipality justified this by arguing
that it had to spend substantial amounts to operate the swimming
lake, and that since it was funded from local taxes, locals were charged less for a season ticket. After becoming aware that charging
differing prices contravened the principle of equal treatment, the
mayor without further ado provided his assurance that in future the
municipality would desist from charging residents and non-residents
differing amounts for season tickets.
Season tickets for
swimming lake
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