1. 

Freedom of establishment — Freedom to provide services — Restrictions — Betting and gaming — National legislation which makes participation in a tender procedure for the collection of bets conditional on the submission of bank declarations attesting the economic and financial capacity of the operator — Not permissible — Justification — Overriding reasons in the public interest — Objective of fighting crime — Obligation to satisfy the requirement of proportionality — Determination by the national court (Art. 49 TFEU and 56 TFEU) (see paras 13-17, operative part 1)

2. 

Approximation of laws — Procedures for the award of public works contracts, public supply contracts and public service contracts — Directive 2004/18 — Scope — Service concession — Not included (Directive of the European Parliament and of the Council 2004/18, Art. 47) (see paras 19, 20, operative part 2)

1) 

Articles 49 TFEU and 56 TFEU must be interpreted as not precluding a national provision, such as that at issue in the main proceedings, which imposes on operators wishing to respond to a call for tenders for the grant of concessions in the field of betting and gambling the obligation to provide evidence of their economic and financial standing by means of statements issued by at least two banks, without allowing that standing to be proved also by other means, where such a provision is capable of satisfying the conditions of proportionality laid down by the case-law of the Court, this being a matter for the referring court to ascertain.

2) 

Directive 2004/18/EC of the European Parliament and of the Council of 31 March 2004 on the coordination of procedures for the award of public works contracts, public supply contracts and public service contracts, in particular Article 47 thereof, must be interpreted as meaning that national legislation governing the grant of concessions in the field of betting and gambling, such as that at issue in the main proceedings, does not come within its scope.