CELEX: 62010CA0052
Language: en
Date: 2011-06-09 00:00:00
Title: Case C-52/10: Judgment of the Court (Third Chamber) of 9 June 2011 (reference for a preliminary ruling from the Simvoulio tis Epikratias (Greece)) — Eleftheri tileorasi AE ‘ALTER CHANNEL’ , Konstantinos Giannikos v Ipourgos Tipou kai Meson Mazikis Enimerosis, Ethniko Simvoulio Radiotileorasis (Directive 89/552/EEC — Television broadcasting activities — Article 1(d) — ‘Surreptitious advertising’ — Intentional nature — Presentation of cosmetic dental treatment during a television broadcast)

30.7.2011   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 226/5
            
         Judgment of the Court (Third Chamber) of 9 June 2011 (reference for a preliminary ruling from the Simvoulio tis Epikratias (Greece)) — Eleftheri tileorasi AE ‘ALTER CHANNEL’, Konstantinos Giannikos v Ipourgos Tipou kai Meson Mazikis Enimerosis, Ethniko Simvoulio Radiotileorasis
   (Case C-52/10) (1)
   
   (Directive 89/552/EEC - Television broadcasting activities - Article 1(d) - ‘Surreptitious advertising’ - Intentional nature - Presentation of cosmetic dental treatment during a television broadcast)
   2011/C 226/08
   Language of the case: Greek
   
      Referring court
   
   Simvoulio tis Epikratias
   
      Parties to the main proceedings
   
   
      Applicants: Eleftheri tileorasi AE ‘ALTER CHANNEL’, Konstantinos Giannikos
   
      Defendants: Ipourgos Tipou kai Meson Mazikis Enimerosis, Ethniko Simvoulio Radiotileorasis
   
      Re:
   
   Reference for a preliminary ruling — Simvoulio tis Epikratias — Interpretation of Article 1(c) of Council Directive 89/552/EEC of 3 October 1989 on the coordination of certain provisions laid down by law, regulation or administrative action in Member States concerning the pursuit of television broadcasting activities (OJ 1989 L 298, p. 23), as amended by Article 1(c) of Directive 97/36/EC of the European Parliament and of the Council of 30 June 1997 (OJ 1997 L 202, p. 60) — Television programme consisting in the presentation of cosmetic dental treatment — Concept of ‘surreptitious advertising’
   
      Operative part of the judgment
   
   Article 1(d) of Council Directive 89/552/EEC of 3 October 1989 on the coordination of certain provisions laid down by Law, Regulation or Administrative Action in Member States concerning the pursuit of television broadcasting activities, as amended by Directive 97/36/EC of the European Parliament and of the Council of 30 June 1997, is to be interpreted as meaning that the provision of payment or of consideration of another kind is not a necessary condition for establishing the element of intent in surreptitious advertising.
   
      (1)  OJ C 100, 17.4.2010.