22Relying on the judgments of the Court (in particular, the judgments in Case 31/87 Beentjes [1988] ECR 4635 and Case C-360/96 BFI Holding [1998] ECR I-6821, the Commission submits that the definition of a contracting authority in Article 1 of Directives 93/36 and 93/37 must be interpreted in functional terms.
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