Mario Seidl back in focus: doping procedures raise questions!

Mario Seidl back in focus: doping procedures raise questions!

The return of the Austrian ski jumper Mario Seidl remains uncertain after decisions of three instances, including the Austrian anti-doping legal commission, have been made in the near past. David Müller from Nada Austria has emphasized that these decisions are based on a comprehensive assessment of evidence and the rule of law. Seidl was part of a passport procedure from 2013 to 2019, where over 40 rehearsals were taken. In his rehearsals, abnormalities were found that led to the opening of the procedure. Nevertheless, Seidl was entitled to start because a suspension was not possible at the time. This regulation was changed in 2021, which means that suspenders must now be pronounced, unless the athlete can successfully proceed.

The discretion of Seidl's results particularly affects the periods with the greatest abnormalities in which blood manipulation was found, according to the International Sports Court CAS. The Austrian Ski Association (ÖSV) was informed about the processes, but continued to use Seidl in competitions. This could now lead to the discretion of team World Cup bronze medals from 2019 and 2021. ÖSV sports director Mario Stecher accepted the judgment and emphasized that Seidl could not reverse the burden of proof.

Seidl's lock and return

Mario Seidl's lock applies from November 28, 2019 to November 27, 2023, which is why he is already entitled to start. Although he denies doping and cites an immune defect as a possible explanation for its conspicuous values, this argumentation by NADA managing director Michael Cepic is referred to as "pure protection claim". The NADA has emphasized that the three independent instances that have found that Seidl's noticeable blood values ​​cannot be explained on the basis of its arguments have come to a clear result.

In this context, it is also relevant to consider the practical and legal framework of doping controls. The doping controls in Austria take place according to the world of anti-doping code and the standard for doping controls and investigations (SFDE). The NADA's doping control system ensures that the controls are carried out in high quality and a uniform control system is implemented.

Legal aspects of doping violations

Another important aspect is the legal questions about doping violations. In autumn 2023, the general lawyer dealt with the publication of doping violations by NADA in a procedure before the European Court of Justice (ECLI: EU: C: 2023: 676). The main question was whether the publication of such violations on the NADA website is compatible with the General Data Protection Regulation (GDPR). The decision came to the conclusion that information about doping violations is not a "health data" in the sense of the GDPR and the publication is lawful to serve the deterrent and prevent penalties.

Overall, the case of Mario Seidl reflects the complexity of the topic of doping in sport. Due to the changes in the regulations and the clarification of legal questions, the NADA tries to create a sustainable system that serves both the integrity of sport and the rights of the athletes. Information about the doping controls can be found on the NADA website, where a detailed presentation of the control system and the measures carried out can also be found.