1.

Must Article 106(1) TFEU be interpreted as meaning that, when it comes to determining whether a public service contract concluded between a competent authority and a public service operator is to be regarded as conferring exclusive rights within the meaning of that article, thus excluding competition on the relevant product market, the factual circumstances in which that public service contract is performed are relevant from a legal point of view?

2.

Must Article 4(7) of Regulation No 1370/2007 (1) be interpreted as meaning that the contract concluded by a service operator with a subcontractor is consistent with the nature of subcontracting as provided for in that article if: (a) the contract does not transfer responsibility for providing the public transport service to the subcontractor; (b) the subcontractor is not entitled to determine independently essential elements of the service which it must provide, in particular, neither the fares nor the route timetables; (c) the costs incurred by the subcontractor in connection with the service provided are covered by the sale of tickets to consumers, which is to say that the costs of the service are not covered by the service operator, Rīgas satiksme?