Systematic TB testing of persons from new EU states

Ms. N.N. is a Hungarian citizen. She wanted to relocate her primary residence to Upper Austria and to live there with her partner. The Authorities demanded that she undergo a lung X-ray. Ms. N.N. 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 the 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.

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 in the event that 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. In his statement to the AOB, the Minister of Health agreed with the AOB and requested the Governor of Upper Austria to amend this provision, which the Governer of Upper Austria has already done now. Salzburg has also submitted a draft to amend its relevant provision.