Subject main residence – discrimination with semester ticket: judgment in Vienna

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Wiener Linien has been convicted of discrimination when buying semester tickets. A ticket for students with a main residence outside Vienna costs 150 euros, for residents 75 euros. On Thursday, the platform announced that “TicketRR.at” complained about the refund of the difference in price of 75 euros and 300 euros per ticket for the “personal disability suffered in connection with the unequal treatment in the purchase of semester tickets”.

The design lawsuit has been fully awarded, which means that students are entitled to 375 euros per semester ticket according to this ruling. About 3,000 students have now joined the collection process. The amount currently stands at over four million euros. All students without a main residence in Vienna are affected. According to a final judgment of the competent regional court, the fact that Wiener Linien treats students unequally because of their primary residence is not objectively justified.

Revision no longer possible
The platform “Ticketersatz.at” was created by Scrimber IT-Service GmbH. “We have won completely at first and second instance and are pleased that the courts are following our legal position,” said Managing Director Constantin Gulner. The planning for the collection procedure has been underway since 2020. After the first-instance decision in December 2021, Wiener Linien appealed, leaving the legal dispute pending in the Vienna Regional Civil Court. The judgment of first instance was fully confirmed by second instance, appeal to the Supreme Court is no longer possible.

Participation in the collection procedure via the platform is still possible. Students whose primary residence is outside of Vienna and who have purchased one or more semester tickets for EUR 150 can participate in the process. As soon as Wiener Linien has transferred the claims, 73 percent of the amount will be paid out to the students. The rest remains with the platform for taking over the risk of legal fees and the administrative effort involved in enforcing the claims. “We hope to be able to transfer their claims to the students soon,” the platform said.

Wiener Linien confirmed the decision of the Vienna court. “Of course we abide by the current individual judgment of the Vienna Regional Court on the lawsuit of the three students behind it and will carry it out,” a statement said. At the same time, possible further steps were announced: “However, there have also been decisions on this subject in the recent past that have followed our legal view and contradict the content of the judgment now available. As the legal assessment of this matter appears to be unclear we will subject the further procedure to a thorough legal investigation,” says Wiener Linien.

Source: Krone

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