Non-locals pay more for adult day care centre
In Schwertberg, Upper Austria, non-locals have to pay 10 percent extra in charges if they wish to profit from the local adult day-care centre. The EU anti-discrimination legislation and the constitutional principle of equality prohibit such an unequal treatment. The Austrian Ombudsman Board therefore considered this to be a case of maladministration.
The adult day-care centre was built by the municipality. The people using it are charged an entrance fee by the municipality – with different tariffs for locals and non-locals. The latter have to pay an extra charge of 10 percent.
The EU anti-discrimination legislation and the constitutional principle of equality prohibit a factually unjustified unequal treatment of locals and non-locals through differential tariffs. This is also the case for private business companies which offer public facilities and are either directly or indirectly run by a municipality.
"Unfortunately, the Austrian Ombudsman Board is confronted with similar complaints time and again, despite the regulations being clear“, said Ombudswoman Gertrude Brinek. The entrance fee of a local outdoor swimming pool that is directly or indirectly run by the municipality must be the same for locals and guests. Exceptions to the rule are possible but must be factually justified. "The municipality of Schwertberg could not satisfactorily justify the tariffs and I have therefore asked it to adjust the tariffs for its adult day-care centre", said Brinek.