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 43