Faros attending a hearing at the Court of Justice's Grand Chamber
2/05/2023
On Tuesday, May 2, Faros attended a hearing at the Court of Justice's Grand Chamber regarding a positive doping decision that involved an Austrian athlete (C-115/22). The athlete requested that the decision would not be published, but the national anti-doping authority refused, citing legal requirements. The athlete appealed to the Independent Arbitration Commission (USK), which submitted several preliminary questions to the Court.
Here are some key takeaways from the hearing:
- The Court's characterization of the arbitration commission as a judicial body will determine whether it can answer substantive GDPR-related questions.
- Whether the publication of the decision qualifies as a criminal offense under Article 10 GDPR, will be decided based on the Engel criteria.
- The proportionality test under the GDPR must be carried out separately for each objective pursued by the publication, such as deterrence, informing the public, and preventing the infringer's reintegration into the sector. It will be interesting to learn about the practical ramifications of this case.
- The athlete also filed a complaint with the Austrian Data Protection Authority, which is currently pending an appeal. The Austrian appeals authority suspended the case until the Court of Justice issues its decision.
Stay tuned for the Advocate General's opinion on September 14th!
