1.

Do Regulation (EC) No 1370/2007 (1) – in particular, the second part of recital 27, Articles 1(2), 4(1) and 6(1), and paragraphs 2 and 6 of the annex to that regulation – and the principles and objectives of EU law laid down in the relevant provisions of the TFEU (Articles 14, 93 and 106 in particular) preclude – rendering the relevant provisions ineffective – a service contract, such as the one at issue in the present proceedings, that, in exchange for a total absence of risk on the part of the economic operator, entails a freely and knowingly accepted waiver of the right to a reasonable profit, where that waiver covers a limited period of time (three years), with a view to the direct award of a subsequent service contract for the maximum duration laid down in Article 5(6), read in conjunction with Article 4(4), of Regulation (EC) No 1370/2007?

2.

If the answer to that first question is in the affirmative, do Regulation (EC) No 1370/2007 – in particular, the first part of recital 27, recital 28, Articles 4(1) and 6(1), and paragraph 5 of the annex to that regulation – and the principles and objectives of EU law laid down in the relevant provisions of the TFEU (Articles 14, 93 and 106 in particular) preclude a service contract, such as the one at issue in the present proceedings, that does not provide for separate accounting of the costs and revenue of a service that is in part of a commercial nature, in so far as it is characterised by increased tariffs, in order to avoid the risk of overcompensation, rendering the contract ineffective and unenforceable in that respect?