90Third, the fact, as maintained by the Federal Republic of Germany, that the agreements by which those contracts were awarded are governed by public law cannot eclipse the existence of the contract required by Article 1(a) of Directive 92/50 or Article 1(2)(a) of Directive 2004/18. As the Commission argued, on the contrary, it militates in favour of the existence of such a contract (see, to that effect, Case C-399/98 Ordine degli Architetti and Others [2001] ECR I-5409, paragraph 73).
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