english francais deutsch

IRIS 2010-4:1/28


Referral to the ECJ for a Preliminary Ruling on Misleading Advertising

print add to caddie Word File PDF File

Alexandros Economou

National Council for Radio and Television

The Συμβούλιο της Επικρατείας (Council of State), the highest administrative court of Greece, made a request for a preliminary ruling to the European Court of Justice (ECJ) in its decision 4229 of 29 December 2009 in relation to whether Article 1 para. (d) of Directive 89/552/EEC of the Council (known as the Television without Frontiers Directive), as it currently stands, requires that the provision of payment or similar consideration is a necessary conceptual element of the notion of intention to present advertising in the context of surreptitious advertising. The question was posed on the occasion of a request for annulment submitted by the television station ALTER against a decision of the Εθνικό Συμβούλιο Ραδιοτηλεόρασης (National Council for Radio and Television - ESR) in which a fine amounting to EUR 25,000 was imposed on the aforementioned station for breach of the provisions relating to surreptitious advertising of Article 2 para. (d) of Presidential Decree 100/2000. The case related to the appearance of a well-known dentist on the show “Αποκλειστικά” (“Exclusively”), during which the dentist, in numerous shots taken on the premises of her dental practice, claimed that she applies a process of cosmetic dentistry that grants patients a “perfect natural smile”.

Συμβούλιο της Επικρατείας, Απόφαση Αριθμ. 4229/2009
  Council of the State, Decision No. 4229/2009