11As regards whether the national provisions in question fall within the scope of Article 56 TFEU or Article 63 TFEU, the Commission, referring to paragraph 43 of the judgment in Case C-452/04Fidium Finanz [2006] ECR I-9521, submits that, given the effects of those provisions, the alleged failure to fulfil obligations must be examined in the light of both the freedom to provide services and the free movement of capital.