ABSTRACT – This paper aims to briefly comment on the recent NADA judgment, in which the ECJ declared inadmissible a preliminary reference submitted by the Austrian Arbitration Committee competent in the fight against doping (Unabhängige Schiedskommission Wien – USK) due to the lack of the requirement of independence. The comment pays particular attention to situating the case within the “new” – and restrictive case-law of the Court on the notion of “tribunal or court” and its relationship with the guarantees of independence provided by Articles 19 TEU and 47 of the Charter. In conclusion, some critical remarks are formulated regarding the appropriateness of the Court’s choice to develop the theory of equivalence of independence standards under Articles 19 TEU and 47 of the Charter, on one hand, and under Art. 267 TFEU, on the other.
