47Referring to Case C-360/96 BFI Holding [1998] ECR I-6821, paragraph 47, where the Court stated that the absence of competition is not a condition necessarily to be taken into account in defining a body governed by public law, the Spanish Government argues that, whether or not SIEPSA is subject to market competition, it carries on activity which is commercial in nature, which quite simply means that it cannot fall within the notion of a contracting authority used by the Directive.
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