Semenya had in Switzerland appealed the ruling from the sports arbitration court (Cas) regarding the International Athletics Federation's (World Athletics) decision to force her to medicate to lower her testosterone levels, in order to compete as a woman.
The case will now go back to the court in Lausanne, writes the news agency AFP.
The European Court found that the case required a "thorough judicial review that was in proportion to the seriousness of the personal rights at issue”, but that the Swiss court's review ”had not met that requirement”.
This is a reminder to the leaders that the priority should be to protect athletes, said the runner.
The legal reviews surrounding Semenya's high testosterone levels and how these should be handled have been ongoing for almost ten years. The South African runner has won Olympic Games gold in 800 meters in 2012 and 2016, and World Championship gold in 2009, 2011 and 2017, but since 2018 has not been able to compete in the event as she has not wanted to take medication to lower her testosterone levels.
According to AP, the European Court's message can now renew the review of athletics' rules that require certain female athletes to lower their natural testosterone levels to compete, and thus open a new legal path for the rules to be repealed.
