ECJ: Restrictions on Naming Athletes in Doping Cases

Jan 29, 2026 Benn-Ibler Rechtsanwälte

Advocate General Spielmann asserts that disclosing the names of athletes found in violation of anti-doping regulations does not inherently conform with European Union law.

Information released following a doping incident

In the initial proceedings, four professional athletes submitted a complaint to an Austrian court regarding the disclosure of their personal data in relation to a doping case involving breaches of anti-doping regulations. They contended that this disclosure constituted a violation of the General Data Protection Regulation (GDPR).

The Austrian court subsequently referred the matter to the Court of Justice of the European Union (CJEU) for an interpretation of the GDPR.

Austria

In Austria, legislation stipulates that the names of athletes, their respective sports, the duration of any suspension, and the reasons for exclusion must be disclosed publicly. This information is made accessible on the official websites of NADA Austria (the Austrian Independent Anti-Doping Agency) and ÖADR (the Austrian Anti-Doping Legal Commission). The publication of these details serves to deter violations and ensures compliance with regulatory standards.

EU-level analysis

Advocate General Dean Spielmann voiced significant concerns about whether the publication was truly necessary, considering the two goals at stake. He noted that these objectives could also be met by sharing the information only with relevant authorities and sports organizations. Additionally, he pointed out that publishing the information broadly might compromise the personal data protection rights of those involved.

Mandatory publication would be justified only if it remains proportionate to the aims of deterrence and preventing circumvention of anti-doping regulations. Such measures should be evaluated individually, considering both the extent and duration of publication. The Austrian court is responsible for conducting this assessment.

ECJ C-474/24 (25 September 2025)