70As observed at paragraphs 67 and 68 above, ÖMAG is responsible for administering the system of aid for the production of electricity from renewable sources and is closely supervised in that task, as the Commission points out in the contested decision and in its written submissions to the Court, and is therefore unable to use the monies collected in the context of the measure at issue, which are compulsorily paid to it by the undertakings referred to in the measure at issue, for purposes other than those provided for by the Austrian legislature. In such circumstances, while it is true that ÖMAG is a body which is presented in the form of a limited company governed by private law, it must be held that, in the context of the concession to carry out the tasks entrusted to the centre for the regulation of green electricity, the action of that body is not that of an economic entity acting freely on the market for the purpose of making a profit, but an action defined by the Austrian legislature, which circumscribed it so far as the performance of the concession in question is concerned.
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