Reference for a preliminary ruling from the Simvoulio tis Epikratias (Greece) lodged on 1 February 2010 — Eleftheri Tileorasi A.E. ‘Alter Channel’ and Konstantinos Giannikos v Ipourgos Tipou kai Meson Mazikis Enimerosis and Ethniko Simvoulio Radiotileorasis

(Case C-52/10)

2010/C 100/37

Language of the case: Greek

Referring court

Simvoulio tis Epikratias

Parties to the main proceedings

Applicants: Eleftheri Tileorasi A.E. ‘Alter Channel’ and Konstantinos Giannikos

Defendants: Ipourgos Tipou kai Meson Mazikis Enimerosis (Minister for the Press and the Mass Media) and Ethniko Simvoulio Radiotileorasis (National Council for Radio and Television)

Question referred

Is Article 1(d) of Council Directive 89/552/EEC 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 (OJ 1997 L 202, p. 60), to be interpreted as meaning that, in the context of ‘surreptitious advertising’, the provision of payment or of consideration of another kind is a necessary defining element of the intention to advertise?