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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)

ECLI:EU:UNKNOWN:62010CA0052

62010CA0052

June 9, 2011
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30.7.2011

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) (<span class="super">1</span>)

(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

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.

(<span class="note">1</span>) OJ C 100, 17.4.2010.

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