74In that regard, it must be pointed out that it follows from the combined effect of paragraphs 1 and 2 of Article 90 that paragraph 2 may be relied upon to justify the grant by a Member State, to an undertaking entrusted with the operation of services of general economic interest, of exclusive rights which are contrary to, in particular, Article 86 of the Treaty, to the extent to which performance of the particular task assigned to that undertaking can be assured only through the grant of such rights and provided that the development of trade is not affected to such an extent as would be contrary to the interests of the Community (see, as regards exclusive rights contrary to Article 37 of the EC Treaty (now, after amendment, Article 31 EC), Case C-154/94 Commission v France [1997] ECR I-5815, paragraph 49).
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