21In the light of those objectives, each of those criteria must be interpreted in functional terms (see, as regards similar provisions before Directive 2004/18 Commission v France, paragraph 43 and the case-law cited, and Bayerischer Rundfunk and Others, paragraph 40), that is to say, given an interpretation independent of the formal rules for its use (see, by analogy, Case C-360/96 BFI Holding [1998] ECR I-6821, paragraphs 62 and 63), and each criterion must be understood to create close dependence on the public authorities.
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