55From that perspective, it must be observed, in the first place, that, since the concept of ‘public contract’ is a concept of EU law, the classification given to contractual action agreements by Spanish law is irrelevant (see, to that effect, judgments of 20 October 2005, Commission v France, C‑264/03, EU:C:2005:620, paragraph 36, and of 22 April 2021, Commission v Austria (Lease of a building not yet constructed), C‑537/19, EU:C:2021:319, paragraph 43).
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