100Nevertheless, according to the Court’s settled case-law, where national legislation falling within an area which has not been completely harmonised at EU level is applicable without distinction to all persons and undertakings operating in the territory of the Member State concerned, it may, notwithstanding its restrictive effect on the freedom to provide services, be justified where it reflects an overriding reason in the public interest and that interest is not already safeguarded by the rules to which the service provider is subject in the Member State in which he is established, and in so far as it is appropriate for securing the attainment of the aim which it pursues and does not go beyond what is necessary in order to attain that aim (see judgments in Commission v Austria, C‑168/04, EU:C:2006:595, paragraph 37, and Jyske Bank Gibraltar, C‑212/11, EU:C:2013:270, paragraph 60).
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