Reference for a preliminary ruling from the Simvoulio tis Epikratias (Greece), lodged on 25 February 2009 — Idrima Tipou A.E. v Ipourgos Tipou Kai Meson Mazikis Enimerosis

(Case C-81/09)

2009/C 102/23

Language of the case: Greek

Referring court

Simvoulio tis Epikratias

Parties to the main proceedings

Claimant: Idrima Tipou A.E.

Defendants: Ipourgos Tipou kai Meson Mazikis Enimerosis

Question referred

Does Directive 68/151/EEC, which provides in Article 1 that ‘the coordination measures prescribed by this Directive shall apply to the laws, regulations and administrative provisions of the Member States relating to the following types of company: … — in Greece: ανώνυμη εταιρία.’, contain a rule prohibiting the adoption of a national provision, such as Article 4(3) of Law 2328/1995, in so far as it specifies that the fines provided for in the preceding paragraphs of that article for infringement of legislation and rules of good conduct governing the operation of television stations are imposed jointly and severally on both the company which holds the licence to found and operate the television station and on all shareholders with a holding of over 2.5%?