70In the context of that assessment, it is for the national court to determine, in particular, whether, first, criminal and fraudulent activities linked to gambling and, second, gambling addiction might have been a problem in France at the material time and whether the expansion of authorised and regulated activities would have been capable of solving such a problem (Ladbrokes Betting & Gaming and Ladbrokes International, paragraph 29). In particular, the Court has stated that if a Member State wishes to rely on an objective capable of justifying an obstacle to the freedom to provide services arising from a national restrictive measure, it is under a duty to supply the court called upon to rule on that question with all the evidence of such a kind as to enable the latter to be satisfied that the said measure does indeed fulfil the requirements arising from the principle of proportionality (Stoß and Others, paragraph 71). In that regard the Commission argues that the national authorities have not, in contrast to the situation in Placanica and Others and Liga Portuguesa de Futebol Profissional and Bwin International, demonstrated the reality of a black market for betting on horseracing.
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