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IRIS 2011-1:1/3 Court of Justice of the European Union: Idrima Tipou AE v. Ipourgos Tipou kai Meson Mazikis Enimerosis

On 21 October 2010 the Second Chamber of the Court of Justice of the European Union issued a preliminary ruling on request of the Greek Simvoulio tis Epikratias (Council of State). The preliminary question was whether penalties imposed on shareholders of public limited companies operating television stations are contrary to the principles of freedom of establishment and of the free movement of capital. The action was brought by Idrima Tipou AE, a shareholder of the public limited company Nea Tileorasi AE. Nea Tileorasi AE is the owner of the television station Star Channel. Idrima Tipou AE, Nea...

IRIS 2010-9:1/29 [GR] Greek Public Service Broadcaster in Crisis

The Greek public service broadcaster, Ελληνική Ραδιοφωνία Τηλεόραση Α. Ε. (National Television and Radio, Inc. - ERT), has been facing a serious crisis over the past few months. The PSB’s three television stations (ET1, NET and ET3) and the five radio stations of national coverage, as well as a number of regional radio stations which also transmit via ERT’s systems, have not gathered the popularity enjoyed by corresponding European organisations, while criticism of its inordinately big number of employees has been intensifying, particularly during recent months, when ways of saving money in the...

IRIS 2010-7:1/26 [GR] Transmission of a Video Taped by Hidden Camera Possible under Strict Conditions

The possibility of circumventing the legal provision (Article 8 para.1, Presidential Decree 77/2003) that forbids the transmission of images filmed by hidden means was established by a decision of the plenary session of the Συμβούλιο της Επικρατείας (Council of State). In Decision No. 1213/2010, Greece’s highest administrative court found that the televised transmission of images captured by hidden means constitutes a limitation on the constitutionally protected right of the portrayed person to their image, as a particular expression of the right to the respect for private life, and cannot, in...

IRIS 2010-7:1/25 [GR] Court Imposes Limits on Satirising Economic Measures Taken by the Government

On 4 May 2010 the Εθνικό Συμβούλιο Ραδιοτηλεόρασης (National Council for Radio and Television - ESR) issued a decision (Nr. 220/4.5.2010) condemning a television channel for the transmission of a show ridiculing the Greek Prime Minister. According to the decision, “satire is a way of making social criticism that nevertheless cannot extend to the derision and insult of (the Prime Minister)”. The minority opinion of the President of the ESR was different: the show depicted in a satirical way the pressure applied by the European Union Commissioner on the Prime Minister to undertake a series of painful...

IRIS 2010-4:1/28 [GR] Referral to the ECJ for a Preliminary Ruling on Misleading Advertising

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...