33 In this respect, it must be stated that this argument does not relate to the admissibility of the request for a preliminary ruling but goes to the substance of the dispute in the main proceedings and, more particularly, is the subject of the first question referred (see, by analogy, judgment of 4 October 1991, Society for the Protection of Unborn Children Ireland, C‑159/90, EU:C:1991:378, paragraph 15).

34      It also follows from the settled case-law of the Court that, where national legislation comes within the scope of Community law, the Court, when requested to give a preliminary ruling, must provide all the criteria of interpretation required by the national court to determine whether those rules are compatible with the fundamental rights the observance of which the Court ensures (see, inter alia, Case C‑260/89 ERT [1991] ECR I-2925, paragraph 42, and Case C-159/90 Society for the Protection of Unborn Children Ireland [1991] ECR I-4685, paragraph 31).

86      It should be noted in that regard that, according to settled case-law, medical services provided for consideration fall within the scope of the provisions on the freedom to provide services (see, inter alia, Case C-159/90 Society for the Protection of Unborn Children Ireland [1991] ECR I-4685, paragraph 18, and Kohll, paragraph 29), there being no need to distinguish between care provided in a hospital environment and care provided outside such an environment (Vanbraekel, paragraph 41; Smits and Peerbooms, paragraph 53; Müller-Fauré and van Riet, paragraph 38; and Inizan, paragraph 16).

25 In a different connection, the Court has likewise consistently held that, where national rules fall within the scope of Community law and reference is made to it for a preliminary ruling, it must provide all the criteria of interpretation needed by the national court to determine whether those rules are compatible with the fundamental rights the observance of which the Court ensures and which derive in particular from the ECHR (see, in particular, Case C-260/89 ERT [1991] ECR I-2925, paragraph 42, and Case C-159/90 Society for the Protection of Unborn Children Ireland [1991] ECR I-4685, paragraph 31).

56 So far as concerns the question of the immorality of that activity, raised by the referring court, it must also be borne in mind that, as the Court has already held, it is not for the Court to substitute its own assessment for that of the legislatures of the Member States where an allegedly immoral activity is practised legally (see, with regard to abortion, Case C-159/90 Society for the Protection of Unborn Children Ireland [1991] ECR I-4685, paragraph 20, and, with regard to lotteries, Case C-275/92 Schindler [1994] ECR I-1039, paragraph 32).

41 It is settled case-law that medical activities fall within the scope of Article 60 of the Treaty, there being no need to distinguish in that regard between care provided in a hospital environment and care provided outside such an environment (see Joined Cases 286/82 and 26/83 Luisi and Carbone [1984] ECR 377, paragraph 16, Case C-159/90 Society for the Protection of Unborn Children Ireland [1991] ECR I-4685, paragraph 18, and Kohll, paragraphs 29 and 51).

15 Further, according to the Court's case-law (see, in particular, Case C-159/90 Society for the Protection of Unborn Children Ireland [1991] ECR I-4685, paragraph 31), where national legislation falls within the field of application of Community law the Court, in a reference for a preliminary ruling, must give the national court all the guidance as to interpretation necessary to enable it to assess the compatibility of that legislation with the fundamental rights - as laid down in particular in the Convention - whose observance the Court ensures. However, the Court has no such jurisdiction with regard to national legislation lying outside the scope of Community law.

20 According to settled case-law, where national legislation falls within the field of application of Community law, the Court, when requested to give a preliminary ruling, must provide the national court with all the elements of interpretation which are necessary in order to enable it to assess the compatibility of that legislation with the fundamental rights ° as laid down in particular in the European Convention of Human Rights ° the observance of which the Court ensures. However, the Court has no such jurisdiction with regard to national legislation lying outside the scope of Community law (see the judgment in Case C-159/90 Society for the Protection of Unborn Children Ireland v Grogan and Others [1991] ECR I-4685, paragraph 31).

54 Consequently, the reference made by the national court to Article 62, to which Article 1(3) of the regulation refers, does not call for a specific response. Article 62, which is complimentary to Article 59, cannot prohibit restrictions which do not fall within the scope of Article 59 (see the judgment in Case C-159/90 Society for the Protection of Unborn Children Ireland v Grogan and Others [1991] ECR I-4685, paragraph 29).

32 In these circumstances, lotteries cannot be regarded as activities whose harmful nature causes them to be prohibited in all the Member States and whose position under Community law may be likened to that of activities involving illegal products (see, in relation to drugs, the judgment in Case 294/82 Einberger v Hauptzollamt Freiburg [1984] ECR 1177) even though, as the Belgian and Luxembourg Governments point out, the law of certain Member States treats gaming contracts as void. Even if the morality of lotteries is at least questionable, it is not for the Court to substitute its assessment for that of the legislatures of the Member States where that activity is practised legally (see the judgment in Case C-159/90 Society for the Protection of Unborn Children Ireland [1991] ECR I-4685, at paragraph 20).

46 The Court has thus repeatedly held that it is clear from both the wording and the scheme of Article 267 TFEU that a national court or tribunal is not empowered to bring a matter before the Court by way of a request for a preliminary ruling unless a case is pending before it in which it is called upon to give a decision which is capable of taking account of the preliminary ruling (judgments of 21 April 1988, Pardini, 338/85, EU:C:1988:194, paragraph 11; of 4 October 1991, Society for the Protection of Unborn Children Ireland, C‑159/90, EU:C:1991:378, paragraphs 12 and 13; and of 27 February 2014, Pohotovosť, C‑470/12, EU:C:2014:101, paragraph 28 and the case-law cited).

31 According to, inter alia, the judgment of 18 June 1991 in Elliniki Radiophonia Tileorasi (Case C-260/89 Elliniki Radiophonia Tileorasi v Dimotiki Etairia Pliroforissis [1991] ECR I-2951, paragraph 42), where national legislation falls within the field of application of Community law the Court, when requested to give a preliminary ruling, must provide the national court with all the elements of interpretation which are necessary in order to enable it to assess the compatibility of that legislation with the fundamental rights - as laid down in particular in the European Convention on Human Rights - the observance of which the Court ensures. However, the Court has no such jurisdiction with regard to national legislation lying outside the scope of Community law. In view of the facts of the case and of the conclusions which the Court has reached above with regard to the scope of Articles 59 and 62 of the Treaty, that would appear to be true of the prohibition at issue before the national court.