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PRESS RELEASE

No 80/24 Luxembourg, 7 May 2024

Judgment of the Court in Case C-115/22 | NADA and Others

The Austrian arbitration committee competent to combat doping in sport is not entitled to submit questions to the Court of Justice

The Court takes account of a number of criteria to determine whether a body is a ‘court or tribunal’ for the purposes of EU law, including the requirement of independence, which is not met by that body

In Austria, a professional athlete was found to have infringed the anti-doping rules, as a result of which she was made subject to penalties. Thus, all her results achieved in competition as from 10 May 2015 were annulled. Moreover, all her titles, medals, prizes, entry fees and prize money as from that date were revoked, and she was suspended from sporting competitions of any kind for four years as from 31 May 2021.

The athlete is seeking, before the Austrian Independent Arbitration Committee (the USK), that her name, the infringements committed and the penalties imposed not be published. The USK has asked the Court of Justice whether such publication, as provided for by Austrian law, is compatible with the General Data Protection Regulation (GDPR) 1 . (...)